BOOK
III

LOCAL GOVERNMENT UNITS

TITLE ONE. - THE
BARANGAY

CHAPTER 1 - ROLE
AND CREATION
OF THE BARANGAY

SEC. 384. Role of the
Barangay. - As the basic political unit, the barangay serves as the
primary planning and implementing unit of government policies, plans,
programs,
projects, and activities in the community, and as a forum wherein the
collective
views of the people may be expressed, crystallized and considered, and
where disputes may be amicably settled.

SEC. 385. Manner of Creation.
- A barangay may be created, divided, merged, abolished, or its
boundary
substantially altered, by law or by an ordinance of the sangguniang
panlalawigan
or sangguniang panlungsod, subject to approval by a majority of the
votes
cast in a plebiscite to be conducted by the Comelec in the local
government
unit or units directly affected within such period of time as may be
determined
by the law or ordinance creating said barangay. In the case of the
creation
of barangays by the sangguniang panlalawigan, the recommendation of the
sangguniang bayan concerned shall be necessary.cralaw

SEC. 386. Requisites for
Creation. - (a) A barangay maybe created out of a contiguous
territory
which has apopulation of at least two thousand (2,000) inhabitants
ascertified
by the National Statistics Office except in cities and municipalities
within
Metro Manila and other metropolitan political subdivisions or in highly
urbanized cities where such territory shall have a certified population
of at least five thousand (5,000) inhabitants: Provided, That the
creation
thereof shall not reduce the population of the original barangay or
barangays
to less than the minimum requirement prescribed herein.cralaw

To enhance the delivery
of basic services in the indigenous cultural communities, barangays may
be created in such communities by an Act of Congress, notwithstanding
the
above requirement.cralaw

(b) The territorial
jurisdiction of the new barangay shall be properly identified by metes
and bounds or by more or less permanent natural boundaries. The
territory
need not be contiguous if it comprises two (2) or more islands.cralaw

(c) The governor or
city mayor may prepare a consolidation plan for barangays, based on the
criteria prescribed in this Section, within his territorial
jurisdiction.
The plan shall be submitted to the sangguniang panlalawigan or
sangguniang
panlungsod concerned for appropriate action. In the case of
municipalities
within the Metropolitan Manila area and other metropolitan political
subdivisions,
the barangay consolidation plan shall be prepared and approved by the
sangguniang
bayan concerned.

CHAPTER 2 - BARANGAY
OFFICIALS
AND OFFICES

SEC. 387. Chief
Officials
and Offices. - (a) There shall be in each barangay a punong
barangay,
seven (7) sangguniang barangay members, the sangguniang kabataan
chairman,
a barangay secretary, and a barangay treasurer.

(b) There shall also
be in every barangay a lupong tagapamayapa. The sangguniang barangay
may
form community brigades and create such other positions or offices as
may
be deemed necessary to carry out the purposes of the barangay
government
in accordance with the needs of public service, subject to the
budgetary
limitations on personal services prescribed under Title Five, Book II
of
this Code.cralaw

SEC. 388. Persons in Authority.
- For purposes of the Revised Penal Code, the punong barangay,
sangguniang
barangay members, and members of the lupong tagapamayapa in each
barangay
shall be deemed as persons in authority in their jurisdictions, while
other
barangay officials and members who may be designated by law or
ordinance
and charged with the maintenance of public order, protection and
security
of life and property, or the maintenance of a desirable and balanced
environment,
and any barangay member who comes to the aid of persons in authority,
shall
be deemed agents of persons in authority.

CHAPTER 3 - THE
PUNONG
BARANGAY

SEC. 389. Chief
Executive:
Powers, Duties, and Functions. - (a) The punong barangay, as the
chief
executive of the barangay government, shall exercise such powers and
perform
such duties and functions, as provided by this Code and other laws.

(b) For efficient,
effective and economical governance, the purpose of which is the
general
welfare of the barangay and its inhabitants pursuant to Section 16 of
this
Code, the punong barangay shall:chanrobles virtual law library

(1) Enforce all laws
and ordinances which are applicable within the barangay;

(2) Negotiate, enter
into, and sign contracts for and in behalf of the barangay, upon
authorization
of the sangguniang barangay;

(3) Maintain public
order in the barangay and, in pursuance thereof, assist the city or
municipal
mayor and the sanggunian members in the performance of their duties and
functions;

(4) Call and preside
over the sessions of the sangguniang barangay and the barangay
assembly,
and vote only to break a tie; (5) Upon approval by a majority of all
the
members of the sangguniang barangay, appoint or replace the barangay
treasurer,
the barangay secretary, and other appointive barangay officials;

(6) Organize and lead
an emergency group whenever the same may be necessary for the
maintenance
of peace and order or on occasions of emergency or calamity within the
barangay;

(7) In coordination
with the barangay development council, prepare the annual executive and
supplemental budgets of the barangay;

(8) Approve vouchers
relating to the disbursement of barangay funds;

(9) Enforce laws and
regulations relating to pollution control and protection of the
environment;

(10) Administer the
operation of the Katarungang Pambarangay in accordance with the
provisions
of this Code;

(11) Exercise general
supervision over the activities of the sangguniang kabataan;

(12) Ensure the delivery
of basic services as mandated under Section 17 of this Code;

(13) Conduct an annual
palarong barangay which shall feature traditional sports and
disciplines
included in national and international games, in coordination with the
Department of Education, Culture and Sports;

(14) Promote the general
welfare of the barangay; and cralaw

(15) Exercise such
other powers and perform such other duties and functions as may be
prescribed
by law or ordinance.cralaw

(b) In the performance
of his peace and order functions, the punong barangay shall be entitled
to possess and carry the necessary firearm within his territorial
jurisdiction,
subject to appropriate rules and regulations.

CHAPTER 4 - THE
SANGGUNIANG
BARANGAY

SEC. 390. Composition.
-
The sangguniang barangay, the legislative body of the barangay, shall
be
composed of the punong barangay as presiding officer, and the seven (7)
regular sangguniang barangay members elected at large and sangguniang
kabataan
chairman, as members.

SEC. 391. Powers, Duties,
and Functions. - (a) The sangguniang barangay, as the legislative
body
of the barangay, shall:chanrobles virtual law library

(1) Enact ordinances
as may be necessary to discharge the responsibilities conferred upon it
by law or ordinance and to promote the general welfare of the
inhabitants
therein;

(2) Enact tax and revenue
ordinances, subject to the limitations imposed in this Code;

(3) Enact annual and
supplemental budgets in accordance with the provisions of this Code;

(4) Provide for the
construction and maintenance of barangay facilities and other public
works
projects chargeable to the general fund of the barangay or such other
funds
actually available for the purpose;

(5) Submit to the sangguniang
panlungsod or sangguniang bayan such suggestions or recommendations as
it may see fit for the improvement of the barangay or for the welfare
of
the inhabitants thereof;

(6) Assist in the establishment,
organization, and promotion of cooperative enterprises that will
improve
the economic condition and well-being of the residents;

(7) Regulate the use
of multi-purpose halls, multi- purpose pavements, grain or copra
dryers,
patios and other post-harvest facilities, barangay waterworks, barangay
markets, parking areas or other similar facilities constructed with
government
funds within the jurisdiction of the barangay and charge reasonable
fees
for the use thereof;

(8) Solicit or accept
monies, materials and voluntary labor for specific public works and
cooperative
enterprises of the barangay from residents, land owners, producers and
merchants in the barangay; monies from grants-in-aid, subsidies,
contributions,
and revenues made available to the barangays from national, provincial,
city or municipal funds; and monies from other private agencies and
individuals:
Provided, however, That monies or properties donated by private
agencies
and individuals for specific purposes shall accrue to the barangay as
trust
fund;

(9) Solicit or accept,
in any or all the foregoing public works and cooperative enterprises,
such
cooperation as is made available by national, provincial, city, or
municipal
agencies established by law to render financial, technical, and
advisory
assistance to barangays and to barangay residents: Provided, however,
That
in soliciting or accepting such cooperation, the sangguniang barangay
need
not pledge any sum of money for expenditure in excess of amounts
currently
in the barangay treasury or encumbered for other purposes;

(10) Provide compensation,
reasonable allowances or per diems as well as travel expenses for
sangguniang
barangay members and other barangay officials, subject to the budgetary
limitations prescribed under Title Five, Book II of this Code:
Provided,
however, That no increase in the com- pensation or honoraria of the
sangguniang
barangay members shall take effect until after the expiration of the
full
term of all members of the sangguniang barangay approving such increase;

(11) Hold fund-raising
activities for barangay projects without the need of securing permits
from
any national or local office or agency. The proceeds from such
activities
shall be tax-exempt and shall accrue to the general fund of the
barangay:
Provided, That in the appropriation thereof, the specific purpose for
which
such fund-raising activity has been held shall be first satisfied:
Provided,
further, That no fund-raising activities shall be held within a period
of sixty (60) days immediately preceding and after a national or local
election, recall, referendum, or plebiscite: Provided, finally, That
said
fund-raising activities shall comply with national policy standards and
regulations on morals, health, and safety of the persons participating
therein. The sangguniang barangay, through the punong barangay, shall
render
a public accounting of the funds raised at the completion of the
project
for which the fund-raising activity was under- taken;

(12) Authorize the punong
barangay to enter into contracts in behalf of the barangay, subject to
the provisions of this Code; (13) Authorize the barangay treasurer to
make
direct purchases in an amount not exceeding One thousand pesos
(P1,000.00)
at any one time for the ordinary and essential administrative needs of
the barangay;

(14) Prescribe fines
in amounts not exceeding One thousand pesos (P1,000.00) for violation
of
barangay ordinances;

(15) Provide for the
administrative needs of the lupong tagapamayapa and the pangkat ng
tagapagkasundo;

(16) Provide for the
organization of community brigades, barangay tanod, or community
service
units as may be necessary;

(17) Organize regular
lectures, programs, or fora on community problems such as sanitation,
nutrition,
literacy, and drug abuse, and convene assemblies to encourage citizen
participation
in government;

(18) Adopt measures
to prevent and control the proliferation of squatters and mendicants in
the barangay;

(19) Provide for the
proper development and welfare of children in the barangay by promoting
and supporting activities for the protection and total development of
children,
particularly those below seven (7) years of age;

(21) Initiate the establishment
of a barangay high school, whenever feasible, in accordance with law;

(22) Provide for the
establishment of a non-formal education center in the barangay whenever
feasible, in coordination with the Department of Education, Culture and
Sports, ;

(23) Provide for the
delivery of basic services; and cralaw

(24) Exercise such
other powers and perform such other duties and functions as may be
prescribed
by law or ordinance.cralaw

SEC. 392. Other Duties
of Sangguniang Barangay Members. - In addition to their duties as
members
of the sangguniang barangay, sangguniang barangay members may:chanrobles virtual law library

(a) Assist the punong
barangay in the discharge of his duties and functions;

(b) Act as peace officers
in the maintenance of public order and safety; and cralaw

(c) Perform such other
duties and functions as the punong barangay may delegate.cralaw

SEC. 393. Benefits of
Barangay Officials. - (a) Barangay officials, including barangay
tanods
and members of the lupong tagapamayapa, shall receive honoraria,
allowances,
and such other emoluments as may be authorized by law or barangay,
municipal
or city ordinance in accordance with the provisions of this Code, but
in
no case shall it be less than One thousand pesos (P=1,000.00) per month
for the punong barangay and Six hundred pesos (P=600.00) per month for
the sangguniang barangay members, barangay treasurer, and barangay
secretary:
Provided, however, That the annual appropriations for personal services
shall be subject to the budgetary limitations prescribed under Title
Five,
Book II of this Code;

(b) The punong barangay,
the sangguniang barangay members, the barangay treasurer, and the
barangay
secretary shall also:chanrobles virtual law library

(1) Be entitled to
Christmas bonus of at least One thousand pesos (P=1,000.00) each, the
funds
for which shall be taken from the general fund of the barangay or from
such other funds appropriated by the national government for the
purpose;

(2) Be entitled, during
their incumbency, to insurance coverage which shall include, but shall
not be limited to temporary and permanent disability, double indemnity,
accident insurance, death and burial benefits, in accordance with
Republic
Act Numbered Sixty-nine hundred forty-two (R.A. No. 6942), entitled "An
Act Increasing the Insurance Benefits of Local Government Officials and
Providing Funds Therefor";

(3) Be entitled to
free medical care including subsistence, medicines, and medical
attendance
in any government hospital or institution: Provided, That such hospital
care shall include surgery or surgical expenses, medicines, X-rays,
laboratory
fees, and other hospital expenses;

In case of extreme
urgency where there is no available government hospital or institution,
the barangay official concerned may submit himself for immediate
medical
attendance to the nearest private clinic, hospital or institution and
the
expenses not exceeding Five thousand pesos (P=5,000.00) that may be
incurred
therein shall be chargeable against the funds of the barangay concerned;

(4) Be exempted during
their incumbency from paying tuition and matriculation fees for their
legitimate
dependent children attending state colleges or universities. He may
likewise
avail of such educational benefits in a state college or university
located
within the province or city to which the barangay belongs; and cralaw

(5) Be entitled to
appropriate civil service eligibility on the basis of the number of
years
of service to the barangay, pursuant to the rules and regulations
issued
by the Civil Service Commission.cralaw

(c) Elective barangay
officials shall have preference in appointments to any government
position
or in any government-owned or -controlled corporations, including their
subsidiaries, after their tenure of office, subject to the requisite
qualifications
and the provisions of the immediately preceding paragraph.cralaw

(d) All duly appointed
members of the barangay tanod brigades, or their equivalent, which
shall
number not more than twenty (20) in each barangay, shall be granted
insurance
or other benefits during their incumbency, chargeable to the barangay
or
the city or municipal government to which the barangay belongs.

CHAPTER 5 - APPOINTIVE
BARANGAY
OFFICIALS

SEC. 394. Barangay
Secretary:
Appointment, Qualifications, Powers and Duties. - (a) The barangay
secretary shall be appointed by the punong barangay with the
concurrence
of the majority of all the sangguniang barangay members. The
appointment
of the barangay secretary shall not be subject to attestation by the
Civil
Service Commission.

(b) The barangay secretary
shall be of legal age, a qualified voter and an actual resident of the
barangay concerned.cralaw

(c) No person shall
be appointed barangay secretary if he is a sangguniang barangay member,
a government employee, or a relative of the punong barangay within the
fourth civil degree of consanguinity or affinity.cralaw

(d) The barangay secretary
shall:chanrobles virtual law library

(1) Keep custody of
all records of the sangguniang barangay and the barangay assembly
meetings;

(2) Prepare and keep
the minutes of all meetings of the sangguniang barangay and the
barangay
assembly;

(3) Prepare a list
of members of the barangay assembly, and have the same posted in
conspicuous
places within the barangay;

(4) Assist in the preparation
of all necessary forms for the conduct of barangay elections,
initiatives,
referenda or plebiscites, in coordination with the Comelec;

(5) Assist the municipal
civil registrar in the registration of births, deaths, and marriages;

(6) Keep an updated
record of all inhabitants of the barangay containing the following
items
of information: name, address, place and date of birth, sex, civil
status,
citizenship, occupation, and such other items of information as may be
prescribed by law or ordinances;

(7) Submit a report
on the actual number of barangay residents as often as may be required
by the sangguniang barangay; and cralaw

(8) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

SEC. 395. Barangay Treasurer:
Appointment, Qualifications, Powers and Duties. - (a) The barangay
treasurer shall be appointed by the punong barangay with the
concurrence
of the majority of all the sangguniang barangay members. The
appointment
of the barangay treasurer shall not be subject to attestation by the
Civil
Service Commission.cralaw

(b) The barangay treasurer
shall be of legal age, a qualified voter, and an actual resident of the
barangay concerned.cralaw

(c) No person shall
be appointed barangay treasurer if he is a sangguniang barangay member,
a government employee, or a relative of the punong barangay within the
fourth civil degree of consanguinity or affinity.cralaw

(d) The barangay treasurer
shall be bonded in accordance with existing laws in an amount to be
determined
by the sangguniang barangay but not exceeding Ten thousand pesos
(P=10,000.00),
premiums for which shall be paid by the barangay.cralaw

(e) The barangay treasurer
shall:chanrobles virtual law library

(1) Keep custody of
barangay funds and properties;

(2) Collect and issue
official receipts for taxes, fees, contributions, monies, materials,
and
all other resources accruing to the barangay treasury and deposit the
same
in the account of the barangay as provided under Title Five, Book II of
this Code;

(3) Disburse funds
in accordance with the financial procedures provided in this Code;

(4) Submit to the punong
barangay a statement covering the actual and estimates of income and
expenditures
for the preceding and ensuing calendar years, respectively, subject to
the provisions of Title Five, Book II of this Code;

(5) Render a written
accounting report of all barangay funds and property under his custody
at the end of each calendar year, and ensure that such report shall be
made available to the members of the barangay assembly and other
government
agencies concerned;

(6) Certify as to the
availability of funds whenever necessary;

(7) Plan and attend
to the rural postal circuit within his jurisdiction; and cralaw

(8) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

SEC. 396. Other Appointive
Officials. - The qualifications, duties, and functions of all other
barangay officials appointed by the punong barangay shall be governed
by
the provisions of this Code and other laws or by barangay ordinances.

CHAPTER 6 - BARANGAY
ASSEMBLY

SEC. 397. Composition;
Meetings.
- (a) There shall be a barangay assembly composed of all persons who
are
actual residents of the barangay for at least six (6) months, fifteen
(15)
years of age or over, citizens of the Philippines, and duly registered
in the list of barangay assembly members.

(b) The barangay assembly
shall meet at least twice a year to hear and discuss the semestral
report
of the sangguniang barangay concerning its activities and finances as
well
as problems affecting the barangay. Its meetings shall be held upon
call
of the punong barangay or of at least four (4) members of the
sangguniang
barangay, or upon written petition of at least five percent (5%) of the
assembly members.cralaw

(c) No meeting of the
barangay assembly shall take place unless a written notice is given one
(1) week prior to the meeting except on matters involving public safety
or security, in which case notice within a reasonable time shall be
sufficient.
The punong barangay, or in his absence, the sangguniang barangay member
acting as punong barangay, or any assembly member selected during the
meeting,
shall act as presiding officer in all the meetings of the assembly. The
barangay secretary, or in his absence, any member designated by the
presiding
officer to act as secretary, shall discharge the duties of secretary of
the barangay assembly.cralaw

(a) Initiate legislative
processes by recommending to the sangguniang barangay the adoption of
measures
for the welfare of the barangay and the city or municipality concerned;

(b) Decide on the adoption
of initiative as a legal process whereby the registered voters of the
barangay
may directly propose, enact, or amend any ordinance; and cralaw

(c) Hear and pass upon
the semestral report of the sangguniang barangay concerning its
activities
and finances.

CHAPTER 7 - KATARUNGANG
PAMBARANGAY

SEC. 399. Lupong
Tagapamayapa.
- (a) There is hereby created in each barangay a lupong tagapamayapa,
hereinafter
referred to as the lupon, composed of the punong barangay as chairman
and
ten (10) to twenty (20) members. The lupon shall be constituted every
three
(3) years in the manner provided herein.

(b) Any person actually
residing or working in the barangay, not otherwise expressly
disqualified
by law, and possessing integrity, impartiality, independence of mind,
sense
of fairness, and reputation for probity, may be appointed a member of
the
lupon.cralaw

(c) A notice to constitute
the lupon, which shall include the names of proposed members who have
expressed
their willingness to serve, shall be prepared by the punong barangay
within
the first fifteen (15) days from the start of his term of office. Such
notice shall be posted in three (3) conspicuous places in the barangay
continuously for a period of not less than three (3) weeks;

(d) The punong barangay,
taking into consideration any opposition to the proposed appointment or
any recommendations for appointments as may have been made within the
period
of posting, shall within ten (10) days thereafter, appoint as members
those
whom he determines to be suitable therefor. Appointments shall be in
writing,
signed by the punong barangay, and attested to by the barangay
secretary.cralaw

(e) The list of appointed
members shall be posted in three (3) conspicuous places in the barangay
for the entire duration of their term of office; and cralaw

(f) In barangays where
majority of the inhabitants are members of indigenous cultural
communities,
local systems of es through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this Code.cralaw

SEC. 400. Oath and Term
of Office. - Upon appointment, each lupon member shall take an oath
of office before the punong barangay. He shall hold office until a new
lupon is constituted on the third year following his appointment unless
sooner terminated by resignation, transfer of residence or place of
work,
or withdrawal of appointment by the punong barangay with the
concurrence
of the majority of all the members of the lupon.cralaw

SEC. 401. Vacancies.
- Should a vacancy occur in the lupon for any cause, the punong
barangay
shall immediately appoint a qualified person who shall hold office only
for the unexpired portion of the term.cralaw

(b) Meet regularly
once a month to provide a forum for exchange of ideas among its members
and the public on matters relevant to the amicable settlement of
disputes,
and to enable various conciliation panel members to share with one
another
their observations and experiences in effecting speedy resolution of
disputes; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

SEC. 403. Secretary of
the Lupon. - The barangay secretary shall concurrently serve as the
secretary of the lupon. He shall record the results of mediation
proceedings
before the punong barangay and shall submit a report thereon to the
proper
city or municipal courts. He shall also receive and keep the records of
proceedings submitted to him by the various conciliation panels.cralaw

SEC. 404. Pangkat ng Tagapagkasundo.
- (a) There shall be constituted for each dispute brought before the
lupon
a conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter
referred to as the pangkat, consisting of three (3) members who shall
be
chosen by the parties to the dispute from the list of members of the
lupon.
Should the parties fail to agree on the pangkat membership, the same
shall
be determined by lots drawn by the lupon chairman.cralaw

(b) The three (3) members
constituting the pangkat shall elect from among themselves the chairman
and the secretary. The secretary shall prepare the minutes of the
pangkat
proceedings and submit a copy duly attested to by the chairman to the
lupon
secretary and to the proper city or municipal court. He shall issue and
cause to be served notices to the parties concerned. The lupon
secretary
shall issue certified true copies of any public record in his custody
that
is not by law otherwise declared confidential.cralaw

SEC. 405. Vacancies in
the Pangkat. - Any vacancy in the pangkat shall be chosen by the
parties
to the dispute from among the other lupon members. Should the parties
fail
to agree on a common choice, the vacancy shall be filled by lot to be
drawn
by the lupon chairman.cralaw

SEC. 406. Character of
Office and Service of Lupon Members. - (a) The lupon members, while
in the performance of their official duties or on the occasion thereof,
shall be deemed as persons in authority, as defined in the Revised
Penal
Code.cralaw

(b) The lupon or pangkat
members shall serve without compensation, except as provided for in
Section
393 and without prejudice to incentives as provided for in this Section
and in Book IV of this Code. The Department of the Interior and Local
Government
shall provide for a system of granting economic or other incentives to
the lupon or pangkat members who adequately demonstrate the ability to
judiciously and expeditiously resolve cases referred to them. While in
the performance of their duties, the lupon or pangkat members, whether
in public or private employment, shall be deemed to be on official
time,
and shall not suffer from any diminution in compensation or allowance
from
said employment by reason thereof.cralaw

SEC. 407. Legal Advice
on Matters Involving Questions of Law. - The provincial, city legal
officer or prosecutor or the municipal legal officer shall render legal
advice on matters involving questions of law to the punong barangay or
any lupon or pangkat member whenever necessary in the exercise of his
functions
in the administration of the katarungang pambarangay.cralaw

SEC. 408. Subject Matter
for Amicable Settlement; Exception Thereto. - The lupon of each
barangay
shall have authority to bring together the parties actually residing in
the same city or municipality for amicable settlement of all disputes
except:chanrobles virtual law library

(a) Where one party
is the government, or any subdivision or instrumentality thereof;

(b) Where one party
is a public officer or employee, and the dispute relates to the
performance
of his official functions;

(c) Offenses punishable
by imprisonment exceeding one (1) year or a fine exceeding Five
thousand
pesos (P5,000.00);

(d) Offenses where
there is no private offended party;

(e) Where the dispute
involves real properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to
amicable
settlement by an appropriate lupon;

(f) Disputes involving
parties who actually reside in barangays of different cities or
municipalities,
except where such barangay units adjoin each other and the parties
thereto
agree to submit their differences to amicable settlement by an
appropriate
lupon;

(g) Such other classes
of disputes which the President may determine in the interest of
justice
or upon the recommendation of the Secretary of Justice. The court in
which
non-criminal cases not falling within the authority of the lupon under
this Code are filed may, at any time before trial, motu proprio refer
the
case to the lupon concerned for amicable settlement.cralaw

SEC. 409. Venue. -
(a) Disputes between persons actually residing in the same barangay
shall
be brought for amicable settlement before the lupon of said barangay.cralaw

(b) Those involving
actual residents of different barangays within the same city or
municipality
shall be brought in the barangay where the respondent or any of the
respondents
actually resides, at the election of the complainant.cralaw

(c) All disputes involving
real property or any interest therein shall be brought in the barangay
where the real property or the larger portion thereof is situated.cralaw

(d) Those arising at
the workplace where the contending parties are employed or at the
institution
where such parties are enrolled for study, shall be brought in the
barangay
where such workplace or institution is located. Objections to venue
shall
be raised in the mediation proceedings before the punong barangay;
otherwise,
the same shall be deemed waived. Any legal question which may confront
the punong barangay in resolving objections to venue herein referred to
may be submitted to the Secretary of Justice, or his duly designated
representative,
whose ruling thereon shall be binding.cralaw

SEC. 410. Procedure for
Amicable Settlement. - (a) Who may initiate proceeding - Upon
payment
of the appropriate filing fee, any individual who has a cause of action
against another individual involving any matter within the authority of
the lupon may complain, orally or in writing, to the lupon chairman of
the barangay.cralaw

(b) Mediation by lupon
chairman - Upon receipt of the complaint, the lupon chairman shall
within
the next working day summon the respondent(s), with notice to the
complainant(s)
for them and their witnesses to appear before him for a mediation of
their
conflicting interests. If he fails in his mediation effort within
fifteen
(15) days from the first meeting of the parties before him, he shall
forthwith
set a date for the constitution of the pangkat in accordance with the
provisions
of this Chapter.cralaw

(c) Suspension of prescriptive
period of offenses - While the dispute is under mediation,
conciliation,
or arbitration, the prescriptive periods for offenses and cause of
action
under existing laws shall be interrupted upon filing of the complaint
with
the punong barangay. The prescriptive periods shall resume upon receipt
by the complainant of the complaint or the certificate of repudiation
or
of the certification to file action issued by the lupon or pangkat
secretary:
Provided, however, That such interruption shall not exceed sixty (60)
days
from the filing of the complaint with the punong barangay.cralaw

(d) Issuance of summons;
hearing; grounds for disqualification - The pangkat shall convene not
later
than three (3) days from its constitution, on the day and hour set by
the
lupon chairman, to hear both parties and their witnesses, simplify
issues,
and explore all possibilities for amicable settlement. For this
purpose,
the pangkat may issue summons for the personal appearance of parties
and
witnesses before it. In the event that a party moves to disqualify any
member of the pangkat by reason of relationship, bias, interest, or any
other similar grounds discovered after the constitution of the pangkat,
the matter shall be resolved by the affirmative vote of the majority of
the pangkat whose decision shall be final. Should disqualification be
decided
upon, the resulting vacancy shall be filled as herein provided for.cralaw

(e) Period to arrive
at a settlement - The pangkat shall arrive at a settlement or
resolution
of the dispute within fifteen (15) days from the day it convenes in
accordance
with this section. This period shall, at the discretion of the pangkat,
be extendible for another period which shall not exceed fifteen (15)
days,
except in clearly meritorious cases.cralaw

SEC. 411. Form of Settlement.
- All amicable settlements shall be in writing, in a language or
dialect
known to the parties, signed by them, and attested to by the lupon
chairman
or the pangkat chairman, as the case may be. When the parties to the
dispute
do not use the same language or dialect, the settlement shall be
written
in the language or dialect known to them.cralaw

SEC. 412. Conciliation.
- (a) Pre-condition to Filing of Complaint in Court. - No complaint,
petition,
action, or proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court or any other
government
office for adjudication, unless there has been a confrontation between
the parties before the lupon chairman or the pangkat, and that no
conciliation
or settlement has been reached as certified by the lupon secretary or
pangkat
secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.cralaw

(b) Where Parties May
Go Directly to Court. - The parties may go directly to court in the
following
instances:chanrobles virtual law library

(1) Where the accused
is under detention; (2) Where a person has otherwise been deprived of
personal
liberty calling for habeas corpus proceedings;

(3) Where actions are
coupled with provisional remedies such as preliminary injunction,
attachment,
delivery of personal property, and support pendente lite; and cralaw

(4) Where the action
may otherwise be barred by the statute of limitations.cralaw

(c) Conciliation among
members of indigenous cultural communities. - The customs and
traditions
of indigenous cultural communities shall be applied in settling
disputes
between members of the cultural communities.cralaw

SEC. 413. Arbitration.
- (a) The parties may, at any stage of the proceedings, agree in
writing
that they shall abide by the arbitration award of the lupon chairman or
the pangkat. Such agreement to arbitrate may be repudiated within five
(5) days from the date thereof for the same grounds and in accordance
with
the procedure hereinafter prescribed. The arbitration award shall be
made
after the lapse of the period for repudiation and within ten (10) days
thereafter.cralaw

(b) The arbitration
award shall be in writing in a language or dialect known to the
parties.
When the parties to the dispute do not use the same language or
dialect,
the award shall be written in the language or dialect known to them.cralaw

SEC. 414. Proceedings
Open to the Public; Exception. - All proceedings for settlement
shall
be public and informal: Provided, however, That the lupon chairman or
the
pangkat chairman, as the case may be, may motu proprio or upon request
of a party, exclude the public from the proceedings in the interest of
privacy, decency, or public morals.cralaw

SEC. 415. Appearance of
Parties in Person. - In all katarungang pambarangay proceedings,
the
parties must appear in person without the assistance of counsel or
representative,
except for minors and incompetents who may be assisted by their
next-of-kin
who are not lawyers.cralaw

SEC. 416. Effect of Amicable
Settlement and Arbitration Award. - The amicable settlement and
arbitration
award shall have the force and effect of a final judgment of a court
upon
the expiration of ten (10) days from the date thereof, unless
repudiation
of the settlement has been made or a petition to nullify the award has
been filed before the proper city or municipal court. However, this
provision
shall not apply to court cases settled by the lupon under the last
paragraph
of Section 408 of this Code, in which case the compromise settlement
agreed
upon by the parties before the lupon chairman or the pangkat chairman
shall
be submitted to the court and upon approval thereof, have the force and
effect of a judgment of said court.cralaw

SEC. 417. Execution.
- The amicable settlement or arbitration award may be enforced by
execution
by the lupon within six (6) months from the date of the settlement.
After
the lapse of such time, the settlement may be enforced by action in the
appropriate city or municipal court.cralaw

SEC. 418. Repudiation.
- Any party to the dispute may, within ten (10) days from the date of
the
settlement, repudiate the same by filing with the lupon chairman a
statement
to that effect sworn to before him, where the consent is vitiated by
fraud,
violence, or intimidation. Such repudiation shall be sufficient basis
for
the issuance of the certification for filing a complaint as hereinabove
provided.cralaw

SEC. 419. Transmittal
of Settlement and Arbitration Award to the Court. - The secretary
of
the lupon shall transmit the settlement or the arbitration award to the
appropriate city or municipal court within five (5) days from the date
of the award or from the lapse of the ten-day period repudiating the
settlement
and shall furnish copies thereof to each of the parties to the
settlement
and the lupon chairman.cralaw

SEC. 420. Power to Administer
Oaths. - The punong barangay, as chairman of the lupong
tagapamayapa,
and the members of the pangkat are hereby authorized to administer
oaths
in connection with any matter relating to all proceedings in the
implementation
of the katarungang pambarangay.cralaw

SEC. 421. Administration;
Rules and Regulations. - The city or municipal mayor, as the case
may
be, shall see to the efficient and effective implementation and
administration
of the katarungang pambarangay. The Secretary of Justice shall
promulgate
the rules and regulations necessary to implement this Chapter.cralaw

SEC. 422. Appropriations.
- Such amount as may be necessary for the effective implementation of
the
katarungang pambarangay shall be provided for in the annual budget of
the
city or municipality concerned.

CHAPTER 8 - SANGGUNIANG
KABATAAN

SEC. 423. Creation and
Election.
- (a) There shall be in every barangay a sangguniang kabataan to be
composed
of a chairman, seven (7) members, a secretary, and a treasurer.

(b) A sangguniang kabataan
official who, during his term of office, shall have passed the age of
twenty-one
(21) years shall be allowed to serve the remaining portion of the term
for which he was elected.cralaw

SEC. 424. Katipunan ng
Kabataan. - The katipunan ng kabataan shall be composed of all
citizens
of the Philippines actually residing in the barangay for at least six
(6)
months, who are fifteen (15) but not more than twenty-one (21) years of
age, and who are duly registered in the list of the sangguniang
kabataan
or in the official barangay list in the custody of the barangay
secretary.cralaw

SEC. 425. Meetings of
the Katipunan ng Kabataan. - The katipunan ng kabataan shall meet
at
least once every three (3) months, or at the call of the chairman of
the
sangguniang kabataan or upon written petition of at least one-twentieth
(1/20) of its members, to decide on important issues affecting the
youth
of the barangay

(a) Promulgate resolutions
necessary to carry out the objectives of the youth in the barangay in
accordance
with the applicable provisions of this Code;

(b) Initiate programs
designed to enhance the social, political, economic, cultural,
intellectual,
moral, spiritual, and physical development of the members;

(c) Hold fund-raising activities,
the proceeds of which shall be tax-exempt and shall accrue to the
general
fund of the sangguniang kabataan: Provided, however, That in the
appropriation
thereof, the specific purpose for which such activity has been held
shall
be first satisfied;

(d) Create such bodies
or committees as it may deem necessary to effectively carry out its
programs
and activities;

(e) Submit annual and end-of-term
reports to the sangguniang barangay on their projects and activities
for
the survival and development of the youth in the barangay ;

(f) Consult and coordinate
with all youth organizations in the barangay for policy formulation and
program implementation;

(g) Coordinate with
the appropriate national agency for the implementation of youth
development
projects and programs at the national level;

(h) Exercise such other
powers and perform such other duties and functions as the sangguniang
barangay
may determine or delegate; and cralaw

(i) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

SEC. 427. Meetings of
the Sangguniang kabataan. - The sangguniang kabataan shall meet
regularly
once a month on the date, time, and place to be fixed by the said
sanggunian.
Special meetings may be called by the sangguniang kabataan chairman or
any three (3) of its members by giving written notice to all members of
the date, time, place, and agenda of the meeting at least one (1) day
in
advance. Notices of regular or special meetings shall be furnished the
punong barangay and the sangguniang barangayA majority of the
members
of the sangguniang kabataan shall constitute a quorum.cralaw

SEC. 428. Qualifications.
- An elective official of the sangguniang kabataan must be a citizen of
the Philippines, a qualified voter of the katipunan ng kabataan, a
resident
of the barangay for at least one (1) year immediately prior to
election,
at least fifteen (15) years but not more than twenty-one (21) years of
age on the day of his election, able to read and write Filipino,
English,
or the local dialect, and must not have been convicted of any crime
involving
moral turpitude.cralaw

SEC. 429. Term of Office.
- The sangguniang kabataan chairman and members shall hold office for a
period of three (3) years, unless sooner removed for cause as provided
by law, permanently incapacitated, die or resign from office.cralaw

SEC. 430. Sangguniang
Kabataan Chairman. - The registered voters of the katipunan ng
kabataan
shall elect the chairman of the sangguniang kabataan who shall
automatically
serve as an ex-officio member of the sangguniang barangay upon his
assumption
to office. As such, he shall exercise the same powers, discharge the
same
duties and functions, and enjoy the same privileges as the regular
sangguniang
barangay members, and shall be the chairman of the committee on youth
and
sports development in the said sanggunian.cralaw

SEC. 431. Powers and Duties
of the Sangguniang Kabataan Chairman. - In addition to the duties
which
may be assigned to him by the sangguniang barangay, the sangguniang
kabataan
chairman shall:chanrobles virtual law library

(a) Call and preside
over all meetings of the katipunan ng kabataan and the sangguniang
kabataan;

(b) Implement policies,
programs, and projects within his jurisdiction in coordination with the
sangguniang barangay ;

(c) Exercise general
supervision over the affairs and activities of the sangguniang kabataan
and the official conduct of its members, and such other officers of the
sangguniang kabataan within his jurisdiction;

(d) With the concurrence
of the sangguniang kabataan, appoint from among the members of the
sangguniang
kabataan, the secretary and treasurer, and such other officers as may
be
deemed necessary; and cralaw

(e) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

(a) Take custody of
all sangguniang kabataan property and funds not otherwise deposited
with
the city or municipal treasurer;

(b) Collect and receive
contributions, monies, materials, and all other resources intended for
the sangguniang kabataan and katipunan ng kabataan;

(c) Disburse funds
in accordance with an approved budget of the sangguniang kabataan;

(d) Certify to the
availability of funds whenever necessary;

(e) Submit to the sangguniang
kabataan and to the sangguniang barangay certified and detailed
statements
of actual income and expenditures at the end of every month; and cralaw

(f) Perform such other
duties and discharge such other functions as the chairman of the

SEC. 434. Privileges of
Sangguniang Kabataan Officials. - The sangguniang kabataan chairman
shall have the same privileges enjoyed by othersangguniang barangay
officials
under this Code subject to such requirements and limitations provided
herein.
During their incumbency, sangguniang kabataan officials shall be exempt
from payment of tuition and matriculation fees while enrolled in public
tertiary schools, including state colleges and universities. The
national
government shall reimburse said college or university the amount of the
tuition and matriculation fees: Provided, That, to qualify for the
privilege,
the said officials shall enroll in the state college or university
within
or nearest their area of jurisdiction.cralaw

SEC. 435. Succession and
Filling of Vacancies. - (a) In case a sangguniang kabataan chairman
refuses to assume office, fails to qualify, is convicted of a felony,
voluntarily
resigns, dies, is permanently incapacitated, is removed from office, or
has been absent without leave for more than three (3) consecutive
months,
the sangguniang kabataan member who obtained the next highest number of
votes in the election immediately preceding shall assume the office of
the chairman for the unexpired portion of the term, and shall discharge
the powers and duties, and enjoy the rights and privileges appurtenant
to the office. In case the said member refuses to assume the position
or
fails to qualify, the sanggunian member obtaining the next highest
number
of votes shall assume the position of the chairman for the unexpired
portion
of the term.cralaw

(b) Where two (2) or
more sangguniang kabataan members obtained the same next highest number
of votes, the other sangguniang kabataan members shall conduct an
election
to choose the successor to the chairman from among the said members.cralaw

(c) After the vacancy
shall have been filled, the sangguniang kabataan chairman shall call a
special election to complete the membership of said sanggunian. Such
sangguniang
kabataan member shall hold office for the unexpired portion of the term
of the vacant seat.cralaw

(d) In case of suspension
of the sangguniang kabataan chairman, the successor, as determined in
subsections
(a) and (b) of this Section shall assume the position during the period
of such suspension.

CHAPTER 9 - PEDERASYON
NG
MGA SANGGUNIANG KABATAAN

SEC. 436. Pederasyon ng
mga
Sangguniang Kabataan. - (a) There shall be an organization of all
the
pederasyon ng mga sangguniang kabataan to be known as follows:chanroblesvirtuallawlibrary

(b) The pederasyon
ng mga sangguniang kabataan shall, at all levels, elect from among
themselves
the president, vice-president and such other officers as may be
necessary
and shall be organized in the following manner:chanrobles virtual law library

(1) The panlungsod and pambayang
pederasyon shall be composed of the sangguniang kabataan chairmen of
barangays
in the city or municipality, respectively;

(2) The panlalawigang
pederasyon shall be composed of presidents of the panlungsod and
pambayang
pederasyon;

(3) The pangmetropolitang
pederasyon shall be composed of presidents of the panlungsod and
pambayang
pederasyon;

(c) The elected presidents
of the pederasyon at the provincial, highly urbanized city, and
metropolitan
political subdivision levels shall constitute the pambansang katipunan
ng mga sangguniang kabataan.cralaw

SEC. 437. Constitution
and By-Laws. - The term of office, manner of election, removal and
suspension of the officers of the pederasyon ng mga sangguniang
kabataan
at all levels shall be governed by the constitution and by-laws of the
pederasyon in conformity with the provisions of this Code and national
policies on youth.cralaw

SEC. 438. Membership in
the Sanggunian. - (a) A sangguniang kabataan chairman shall, upon
certification
of his election by the Comelec and during his tenure of office is
elected
as pederasyon president, serve as an ex-officio member of the
sanggunian
panlalawigan, sangguniang panlungsod, and sangguniang bayan, as the
case
may be, without need of further appointment.cralaw

(b) The vice-president
of the pederasyon whose president has been elected as president of a
higher
pederasyon shall serve as ex-officio member of the sanggunian concerned
without need of further appointment.cralaw

(c) The pederasyon
president or vice-president, as the case may be, shall be the chairman
of the committee on youth and sports development of the sanggunian
concerned.

CHAPTER 10 - LINGGO
NG KABATAAN

SEC. 439. Observance
of Linggo
ng Kabataan. - (a) Every barangay, municipality, city and province
shall, in coordination with the pederasyon ng mga sangguniang kabataan
at all levels, conduct an annual activity to be known as the Linggo ng
Kabataan on such date as shall be determined by the Office of the
President.

(b) The observance
of the Linggo ng Kabataan shall include the election of the
counterparts
of all local elective and appointive officials, as well as heads of
national
offices or agencies stationed or assigned in the territorial
jurisdiction
of the local government unit, among in-school and community youth
residing
in the local government unit concerned from ages thirteen (13) to
seventeen
(17). During said week, they shall hold office as boy and girl
officials
and shall perform such duties and conduct such activities as may be
provided
in the ordinance enacted pursuant to this Chapter.

TITLE TWO. - THE
MUNICIPALITY

CHAPTER 1 - ROLE
AND CREATION
OF THE MUNICIPALITY

SEC. 440. Role of the
Municipality.
- The municipality, consisting of a group of barangays, serves
primarily
as a general purpose government for the coordination and delivery of
basic,
regular and direct services and effective governance of the inhabitants
within its territorial jurisdiction.

SEC. 441. Manner of Creation.
- A municipality may be created, divided, merged, abolished, or its
boundary
substantially altered only by an Act of Congress and subject to the
approval
by a majority of the votes cast in a plebiscite to be conducted by the
Comelec in the local government unit or units directly affected. Except
as may otherwise be provided in the said Act, the plebiscite shall be
held
within one hundred twenty (120) days from the date of its effectivity.cralaw

SEC. 442. Requisites for
Creation. - (a) A municipality may be created if it has an average
annual income, as certified by the provincial treasurer, of at least
Two
million five hundred thousand pesos (P=2,500,000.00) for the last two
(2)
consecutive years based on the 1991 constant prices; a population of at
least twenty-five thousand (25,000) inhabitants as certified by the
National
Statistics Office; and a contiguous territory of at least fifty (50)
square
kilometers as certified by the Lands Management Bureau: Provided, That
the creation thereof shall not reduce the land area, population or
income
of the original municipality or municipalities at the time of said
creation
to less than the minimum requirements prescribed herein.cralaw

(b) The territorial
jurisdiction of a newly-created municipality shall be properly
identified
by metes and bounds. The requirement on land area shall not apply where
the municipality proposed to be created is composed of one (1) or more
islands. The territory need not be contiguous if it comprises two (2)
or
more islands.cralaw

(c) h The average annual
income shall include the income accruing to the general fund of the
municipality
concerned, exclusive of special funds, transfers and non-recurring
income.cralaw

(d) Municipalities
existing as of the date of the effectivity of this Code shall continue
to exist and operate as such. Existing municipal districts organized
pursuant
to presidential issuances or executive orders and which have their
respective
set of elective municipal officials holding office at the time of the
effectivity
of this Code shall henceforth be considered as regular municipalities.

CHAPTER 2 - MUNICIPAL
OFFICIALS
IN GENERAL

SEC. 443. Officials of
the
Municipal Government. - (a) There shall be in each municipality a
municipal
mayor, a municipal vice-mayor, sangguniang bayan members, a secretary
to
the sangguniang bayan, a municipal treasurer, a municipal assessor, a
municipal
accountant, a municipal budget officer, a municipal planning and
development
coordinator, a municipal engineer/building official, a municipal health
officer and a municipal civil registrar.

(b) In addition thereto,
the mayor may appoint a municipal administrator, a municipal legal
officer,
a municipal agriculturist, a municipal environment and natural
resources
officer, a municipal social welfare and development officer, a
municipal
architect, and a municipal information officer.cralaw

(2) Create such other
offices as may be necessary to carry out the purposes of the municipal
government; or

(3) Consolidate the
functions of any office with those of another in the interest of
efficiency
and economy.cralaw

(d) Unless otherwise
provided herein, heads of departments and offices shall be appointed by
the municipal mayor with the concurrence of the majority of all the
sangguniang
bayan members, subject to civil service law, rules and regulations. The
sangguniang bayan shall act on the appointment within fifteen (15) days
from the date of its submission; otherwise, the same shall be deemed
confirmed.cralaw

(e) Elective and appointive
municipal officials shall receive such compensation, allowances and
other
emoluments as may be determined by law or ordinance, subject to the
budgetary
limitations on personal services as prescribed in Title Five, Book Two
of this Code: Provided, That no increase in compensation of the mayor,
vice-mayor, and sangguniang bayan members shall take effect until after
the expiration of the full term of all the elective local officials
approving
such increase.

CHAPTER 3 - OFFICIALS
AND
OFFICES COMMON TO ALL MUNICIPALITIES

Article One. - The
Municipal
Mayor

SEC. 444. The Chief
Executive:
Powers, Duties, Functions and Compensation. - (a) The municipal
mayor,
as the chief executive of the municipal government, shall exercise such
powers and perform such duties and functions as provided by this Code
and
other laws.

(b) For efficient,
effective and economical governance the purpose of which is the general
welfare of the municipality and its inhabitants pursuant to Section 16
of this Code, the municipal mayor shall:chanrobles virtual law library

(1) Exercise general
supervision and control over all programs, projects, services, and
activities
of the municipal government, and in this connection, shall:chanrobles virtual law library

(i) Determine the guidelines
of municipal policies and be responsible to the sangguniang bayan for
the
program of government;

(ii) Direct the formulation
of the municipal development plan, with the assistance of the municipal
development council, and upon approval thereof by the sangguniang
bayan,
implement the same;

(iii) At the opening
of the regular session of the sangguniang bayan for every calendar year
and, as may be deemed necessary, present the program of government and
propose policies and projects for the consideration of the sangguniang
bayan as the general welfare of the inhabitants and the needs of the
municipal
government may require;

(iv) Initiate and propose
legislative measures to the sangguniang bayan and, from time to time as
the situation may require, provide such information and data needed or
requested by said sanggunian in the performance of its legislative
functions;
Appoint all officials and employees whose salaries and wages are wholly
or mainly paid out of municipal funds and whose appointments are not
otherwise
provided for in this Code, as well as those he may be authorized by law
to appoint;

(vi) Upon authorization
by the sangguniang bayan, represent the municipality in all its
business
transactions and sign on its behalf all bonds, contracts, and
obligations,
and such other documents made pursuant to law or ordinance;

(vii) Carry out such
emergency measures as may be necessary during and in the aftermath of
man-made
and natural disasters and calamities;

(viii) Determine, according
to law or ordinance, the time, manner and place of payment of salaries
or wages of the officials and employees of the municipality;

(ix) Allocate and assign
office space to municipal and other officials and employees who, by law
or ordinance, are entitled to such space in the municipal hall and
other
buildings owned or leased by the municipal government;

(x) Ensure that all
executive officials and employees of the municipality faithfully
discharge
their duties and functions as provided by law and this Code, and cause
to be instituted administrative or judicial proceedings against any
official
or employee of the municipality who may have committed an offense in
the
performance of his official duties;

(xi) Examine the books,
records and other documents of all offices, officials, agents or
employees
of the municipality and in aid of his executive powers and authority,
require
all national officials and employees stationed in or assigned to the
municipality
to make available to him such books, records, and other documents in
their
custody, except those classified by law as confidential;

(xii) Furnish copies
of executive ordersissued by him to the provincial governor within
seventy-two
(72) hours after their issuance: Provided, That municipalities of
Metropolitan
Manila Area and that of any metropolitan political subdivision shall
furnish
copies of said executive orders to the metropolitan authority council
chairman
and to the Office of the President;

(xiii) Visit component
barangays of the municipality at least once every six (6) months to
deepen
his understanding of problems and conditions therein, listen and give
appropriate
counsel to local officials and inhabitants, inform the component
barangay
officials and inhabitants of general laws and ordinances which
especially
concern them, and otherwise conduct visits and inspections to the end
that
the governance of the municipality will improve the quality of life of
the inhabitants;

(xiv) Act on leave
applications ofofficials and employees appointed by him and the
commutation
of the monetary value of leave credits according to law;

(xv) Authorize official
trips outside of the municipality of municipal officials and employees
for a period not exceeding thirty (30) days;

(xvi) Call upon any
national official or employee stationed in or assigned to the
municipality
to advise him on matters affecting the municipality and to make
recommendations
thereon, or to coordinate in the formulation and implementation of
plans,
programs and projects, and when appropriate, initiate an administrative
or judicial action against a national government official or employee
who
may have committed an offense in the performance of his official duties
while stationed in or assigned to the local government unit concerned;

(xvii) Subject to availability
of funds, authorize payment of medical care, necessary transportation,
subsistence, hospital or medical fees of municipal officials and
employees
who are injured while in the performance of their official duties and
functions;

(xviii) Solemnize marriages,
any provision of law to the contrary notwithstanding;

(xix) Conduct a palarong
bayan, in coordination with the Department of Education, Culture and
Sports,
as an annual activity which shall feature traditional sports and
disciplines
included in national and international games; and cralaw

(xx) Submit to the
provincial governor the following reports: an annual report containing
a summary of all matters pertaining to the management, administration
and
development of the municipality and all information and data relativeto
its political, social and economic conditions; and supplemental reports
when unexpected events and situations arise at any time during the
year,
particularly when man-made or natural disasters or calamities affect
the
general welfare of the municipality, province, region or country.
Mayors
of municipalities of the Metropolitan Manila Area and other
metropolitan
political subdivisions shall submit said reports to their respective
metropolitan
council chairmen and to the Office of the President;

(2) Enforce all laws
and ordinances relative to the governance of the municipality and the
exercise
of its corporate powers provided for under Section 22 of this Code,
implement
all approved policies, programs, projects, services and activities of
the
municipality and, in addition to the foregoing, shall: Ensure that the
acts of the municipality's component barangays and of its officials and
employees are within the scope of their prescribed powers,functions,
duties
and responsibilities;

(ii) Call conventions,
conferences, seminars or meetings of any elective and appointive
officials
of the municipality, including provincial officials and national
officials
and employees stationed in or assigned to the municipality at such time
and place and on such subject as he may deem important for the
promotion
of the general welfare of the local government unit and its inhabitants;

(iii) Issue such executive
orders as are necessary for the proper enforcement and execution of
laws
and ordinances;

(iv) Be entitled to
carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized
representative of the National Police Commission, formulate the peace
and
order plan of the municipality and upon its approval, implement the
same
and exercise general and operational control and supervision over the
local
police forces in the municipality in accordance with R.A. No. 6975;

(vi) Call upon the
appropriate law enforcement agencies to suppress disorder, riot,
lawless
violence, rebellion or sedition or to apprehend violators of the law
when
public interest so requires and the municipal police forces are
inadequate
to cope with the situation or the violators;

(3) Initiate and maximize
the generation of resources and revenues, and apply the same to the
implementation
of development plans, program objectives and priorities as provided for
under Section 18 of this Code,particularly those resources and revenues
programmed for agro-industrial development and country-wide growth and
progress, and relative thereto, shall:chanrobles virtual law library

(i) Require each head
of an office or department to prepare and submit an estimate of
appropriations
for the ensuing calendar year, in accordance with the budget
preparation
process under Title Five, Book II of this Code;

(ii) Prepare and submit
to the sanggunian for approval the executive and supplemental budgets
of
the municipality for the ensuing calendar year in the manner provided
for
under Title Five, Book II of this Code;

(iii) Ensure that all
taxes and other revenues of the municipality are collected, and that
municipal
funds are applied in accordance with law or ordinance tothe payment of
expenses and settlement of obligations of the municipality;

(iv) Issue licenses
and permits and suspend or revoke the same for any violation of the
conditions
upon which said licenses or permits had been issued, pursuant to law or
ordinance;

(v) Issue permits,
without need of approval therefor from any national agency, for the
holding
of activities for any charitable or welfare purpose, excluding
prohibited
games of chance or shows contrary to law, public policy and public
morals;

(vi) Require owners
of illegally constructed houses, buildings or other structures to
obtain
the necessary permit, subject to such fines and penalties as may be
imposed
by law or ordinance, or to make necessary changes in the construction
of
the same when said construction violates any law or ordinance, or to
order
the demolition or removal of said house, building or structure within
the
period prescribed by law or ordinance;

(vii) Adopt adequate
measures to safeguard and conserve land, mineral, marine, forest, and
other
resources of the municipality; provide efficient and effective property
and supply management in the municipality; and protect the funds,
credits,
rights and other properties of the municipality; and cralaw

(viii) Institute or
cause to be instituted administrative or judicial proceedings for
violation
of ordinances in the collection of taxes, fees or charges, and for the
recovery of funds and property; and cause the municipality to be
defended
against all suits to ensure that its interests, resources and rights
shall
be adequately protected;

(4) Ensure the delivery
of basic services and the provision of adequate facilities as provided
for under Section 17 of this Code and, in addition thereto, shall:chanrobles virtual law library

(i) Ensure that the construction
and repair of roads and highways funded by the national government
shall
be, as far as practicable, carried out in a spatially contiguous manner
and in coordination with the construction and repair of the roads and
bridges
of the municipality and the province; and cralaw

(ii) Coordinate the
implementation of technical services rendered by national and
provincial
offices, including public works and infrastructure programs in the
municipality; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

(c) During his incumbency,
the municipal mayor shall hold office in the municipal hall.cralaw

Article Three. - The
Sangguniang
Bayan

SEC. 446. Composition.
- (a) The sangguniang bayan, the legislative body of the municipality,
shall be composed of the municipal vice-mayoras the presiding officer,
the regular sanggunian members, the president of the municipal chapter
of the liga ng mga barangay, the president of the pambayang pederasyon
ng mga sangguniang kabataan, and the sectoral representatives, as
members.

(b) In addition thereto,
there shall be three (3) sectoral representatives: one (1) from the
women;
and, as shall be determined by the sanggunian concerned within ninety
(90)
days prior to the holding of local elections, one (1) from the
agricultural
or industrial workers; and one (1) from the other sectors, including
the
urban poor, indigenous cultural communities, or disabled persons.cralaw

(c) The regular members
of the sangguniang bayan and the sectoral representatives shall be
elected
in the manner as may be provided for by law.cralaw

SEC. 447. - Powers, Duties,
Functions and Compensation. - (a) The sangguniang bayan, as the
legislative
body of the municipality, shall enact ordinances, approve resolutions
and
appropriate funds for the general welfare of the municipality and its
inhabitants
pursuant to Section 16 of this Code and in the proper exercise of the
corporate
powers of the municipality as provided for under Section 22 of this
Code,
and shall:chanrobles virtual law library

(1) Approve ordinances
and pass resolutions necessary for an efficient and effective municipal
government, and in this connection shall:chanrobles virtual law library

(i) Review all ordinances
approved by the sangguniang barangay and executive orders issued by the
punong barangay to determine whether these are within the scope of the
prescribed powers of the sanggunian and of the punong barangay;

(ii) Maintain peace
and order by enacting measures to prevent and suppress lawlessness,
disorder,
riot, violence, rebellion or sedition and impose penalties for the
violation
of said ordinances;

(iii)Approve ordinances
imposing a fine not exceeding Two thousand five hundred pesos
(P=2,500.00)
or an imprisonment for a period not exceeding six (6) months, or both
in
the discretion of the court, for the violation of a municipal ordinance;

(iv) Adopt measures
to protect the inhabitants of the municipality from the harmful effects
of man-made or natural disasters and calamities and to provide relief
services
and assistance for victims during and in the aftermath of said
disasters
or calamities and their return to productive livelihood following said
events;

(v) Enact ordinances
intended to prevent, suppress and impose appropriate penalties for
habitual
drunkenness in public places, vagrancy, mendicancy, prostitution,
establishment
and maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property,
drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency,
the printing, distribution or exhibition of obscene or pornographic
materials
or publications, and such other activities inimical to the welfare and
morals of the inhabitants of the municipality;

(vi) Protect the environment
and impose appropriate penalties for acts which endanger the
environment,
such as dynamite fishing and other forms of destructive fishing,
illegal
logging and smuggling of logs, smuggling of natural resources products
and of endangered species of flora and fauna, slash and burn farming,
and
such other activities which result in pollution, acceleration of
eutrophication
of rivers and lakes, or of ecological imbalance;

(vii) Subject to the
provisions of this Code and pertinent laws, determine the powers and
duties
of officials and employees of the municipality;

(viii) Determine the
positions and the salaries, wages, allowances and other emoluments and
benefits of officials and employees paid wholly or mainly from
municipal
funds and provide for expenditures necessary for the proper conduct of
programs, projects, services, and activities of the municipal
government;

(ix) Authorize the
payment of compensation to a qualified person not in the government
service
who fills up a temporary vacancy or grant honorarium to any qualified
official
or employee designated to fill a temporary vacancy in a concurrent
capacity,
at the rate authorized by law;

(x) Provide a mechanism
and the appropriate funds therefor, to ensure the safety and protection
of all municipal government property, public documents, or records such
as those relating to property inventory, land ownership, records of
births,
marriages, deaths, assessments, taxation, accounts, business permits,
and
such other records and documents of public interest in the offices and
departments of the municipal government;

(xi) When the finances
of the municipal government allow, provide for additional allowances
and
other benefits to judges, prosecutors, public elementary and high
school
teachers, and other national government officials stationed in or
assigned
to the municipality;

(xii) Provide for legal
assistance to barangay officials who, in the performance of their
official
duties or on the occasion thereof, have to initiate judicial
proceedings
or defend themselves against legal action; and, (xiii) Provide for
group
insurance or additional insurance coverage for barangay officials,
including
members of barangay tanod brigades and other service units, with public
or private insurance companies, when the finances of the municipal
government
allow said coverage.cralaw

(2) Generate and maximize
the use of resources and revenues for the development plans, program
objectives
and priorities of the municipality as provided for under Section 18 of
this Code with particular attention to agro-industrial development and
countryside growth and progress, and relative thereto, shall:chanrobles virtual law library

(i) Approve the annual
and supplemental budgets of the municipal government and appropriate
funds
for specific programs, projects, services and activities of the
municipality,
or for other purposes not contrary to law, in order to promote the
general
welfare of the municipality and its inhabitants;

(ii) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang bayan, enact ordinances
levying
taxes, fees and charges, prescribing the rates thereof for general and
specific purposes, and granting tax exemptions, incentives or reliefs;

(iii) Subject to the
provisions of Book II of this Code and upon the majority vote of all
the
members of the sangguniang bayan, authorize the municipal mayor to
negotiate
and contract loans and other forms of indebtedness;

(iv) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang bayan, enact ordinances
authorizing
the floating of bonds or other instruments of indebtedness, for the
purpose
of raising funds to finance development projects;

(v) Appropriate funds
for the construction and maintenance or the rental of buildings for the
use of the municipality and, upon the majority vote of all the members
of the sangguniang bayan, authorize the municipal mayor to lease to
private
parties such public buildings held in a proprietary capacity, subject
to
existing laws, rules and regulations;

(vi) Prescribe reasonable
limits and restraints on the use of property within the jurisdiction of
the municipality;

(vii) Adopt a comprehensive
land use plan for the municipality: Provided, That the formulation,
adoption,
or modification of said plan shall be in coordination with the approved
provincial comprehensive land use plan;

(viii) Reclassify land
within the jurisdiction of the municipality, subject to the pertinent
provisions
of this Code;

(ix) Enact integrated
zoning ordinances in consonance with the approved comprehensive land
use
plan, subject to existing laws, rules and regulations; establish fire
limits
or zones, particularly in populous centers; and regulate the
construction,
repair or modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;

(x) Subject to national law,
process and approve subdivision plans for residential, commercial, or
industrial
purposes and other development purposes, and collect processing fees
and
other charges, the proceeds of which shall accrue entirely to the
municipality:
Provided, however, That, where approval by a national agency or office
is required, said approval shall not be withheld for more than thirty
(30)
days from receipt of the application. Failure to act on the application
within the period stated above shall be deemed as approval thereof;

(xi) Subject to the
provisions of Book II of this Code, grant the exclusive privilege of
constructing
fish corrals or fish pens, or the taking or catching of bangus fry,
prawn
fry or kawag-kawag or fry of any species or fish within the municipal
waters;

(xii) With the concurrence
of at least two-thirds (2/3) of all the members of the sangguniang
bayan,
grant tax exemptions, incentives or reliefs to entities engaged in
community
growth-inducing industries, subject to the provisions of Chapter 5,
Title
I, Book II of this Code;

(xiii) Grant loans
or provide grants to other local government units or to national,
provincial
and municipal charitable, benevolent or educational institutions:
Provided,
That said institutions are operated and maintained within the
municipality;

(xiv) Regulate the
numbering of residential, commercial and other buildings; and,

(xv) Regulate the inspection,
weighing and measuring of articles of commerce.cralaw

(3) Subject to the
provisions of Book II of this Code, grant franchises, enact ordinances
authorizing the issuance of permits or licenses, or enact ordinances
levying
taxes, fees and charges upon such conditions and for such purposes
intended
to promote the general welfare of the inhabitants of the municipality,
and pursuant to this legislative authority shall:chanrobles virtual law library

(i) Fix and impose
reasonable fees and charges for all services rendered by the municipal
government to private persons or entities;

(ii) Regulate any business,
occupation, or practice of profession or calling which does not require
government examination within the municipality and the conditions under
which the license for said business or practice of profession may be
issued
or revoked;

(iii) Prescribe the terms
and conditions under which public utilities owned by the municipality
shall
be operated by the municipal government or leased to private persons or
entities, preferably cooperatives;

(iv) Regulate the display
of and fix the license fees for signs, signboards, or billboards at the
place or places where the profession or business advertised thereby is,
in whole or in part, conducted;

(v) Any law to the
contrary notwithstanding, authorize and license the establishment,
operation,
and maintenance of cockpits, and regulate cockfighting and commercial
breeding
of gamecocks: Provided, That existing rights should not be prejudiced;

(vi) Subject to the
guidelines prescribed by the Department of Transportation and
Communications,
regulate the operation of tricycles and grant franchises for the
operation
thereof within the territorial jurisdiction of the municipality;

(vii) Upon approval
by a majority vote of all the members of the sangguniang bayan, grant a
franchise to any person, partnership, corporation, or cooperative to
establish,
construct, operate and maintain ferries, wharves, markets or
slaughterhouses,
or such other similar activities within the municipality as may be
allowed
by applicable laws: Provided, That, cooperatives shall be given
preference
in the grant of such a franchise.cralaw

(4) Regulate activities
relative to the use of land, buildings and structures within the
municipality
in order to promote the general welfare and for said purpose shall:chanrobles virtual law library

(i) Declare, prevent
or abate any nuisance;

(ii) Require that buildings
and the premises thereof and any land within the municipality be kept
and
maintained in a sanitary condition; impose penalties for any violation
thereof, or upon failure to comply with said requirement, have the work
done and require the owner, administrator or tenant concerned to pay
the
expenses of the same; or require the filling up of any land or premises
to a grade necessary for proper sanitation;

(iii) Regulate the
disposal of clinical and other wastes from hospitals, clinics and other
similar establishments;

(v) Regulate the sale,
giving away or dispensing of any intoxicating malt, vino, mixed or
fermented
liquors at any retail outlet;

(vi) Regulate the establishment
and provide for the inspection of steam boilers or any heating device
in
buildings and the storage of inflammable and highly combustible
materials
within the municipality;

(vii) Regulate the
establishment, operation, and mainte nance of entertainment or
amusement
facilities, including theatrical performances, circuses, billiard
pools,
public dancing schools, public dance halls, sauna baths, massage
parlors,
and other places of entertainment or amusement; regulate such other
events
or activities for amusement or entertainment, particularly those which
tend to disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or, prohibit certain forms of
amusement
or entertainment in order to protect the social and moral welfare of
the
community;

(viii) Provide for
the impounding of stray animals; regulate the keeping of animals in
homes
or as part of a business, and the slaughter, sale or disposition of the
same; and adopt measures to prevent and penalize cruelty to animals; and cralaw

(ix) Regulate the establishment,
operation, and maintenance of funeral parlors and the burial or
cremation
of the dead, subject to existing laws, rules and regulations.cralaw

(5) Approve ordinances
which shall ensure the efficient and effective delivery of the basic
services
and facilities as provided for under Section 17 of this Code, and in
addition
to said services and facilities, shall:chanrobles virtual law library

(i) Provide for the
establishment, maintenance, protection, and conservation of communal
forests
and water sheds, tree parks, greenbelts, mangroves, and other similar
forest
development projects;

(ii) Establish markets,
slaughterhouses or animal corrals and authorize the operation thereof,
and regulate the construction and operation of private markets,
talipapas
or other similar buildings and structures;

(iii) Authorize the
establishment, maintenance and operation of ferries, wharves, and other
structures, and marine and seashore or offshore activities intended to
accelerate productivity;

(iv) Regulate the preparation
and sale of meat, poultry, fish, vegetables, fruits, fresh dairy
products,
and other foodstuffs for public consumption;

(v) Regulate the use
of streets, avenues, alleys, sidewalks, bridges, parks and other public
places and approve the construction, improvement, repair and
maintenance
of the same; establish bus and vehicle stops and terminals or regulate
the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate
stands
to be occupied by public vehicles when not in use; regulate the putting
up of signs, signposts, awnings and awning posts on the streets; and
provide
for the lighting, cleaning and sprinkling of streets and public places;

(vi) Regulate traffic
on all streets and bridges, prohibit the putting up of encroachments or
obstacles thereon, and, when necessary in the interest of public
welfare,
authorize the removal of encroachments and illegal constructions in
public
places;

(vii) Subject to existing
laws, provide for the establishment, operation, maintenance, and repair
of an efficient waterworks system to supply water for the inhabitants;
regulate the construction, maintenance, repair and use of hydrants,
pumps,
cisterns and reservoirs; protect the purity and quantity of the water
supply
of the municipality and, for this purpose, extend the coverage of
appropriate
ordinances over all territory within the drainage area of said water
supply
and within one hundred (100) meters of the reservoir, conduit, canal,
aqueduct,
pumping station, or watershed used in connection with the water
service;
and regulate the consumption, use or wastage of water;

(viii) Regulate the
drilling and excavation of the ground for the laying of water, gas,
sewer,
and other pipes and the construction, repair and maintenance of public
drains, sewers, cesspools, tunnels and similar structures; regulate the
placing of poles and the use of crosswalks, curbs, and gutters; adopt
measures
to ensure public safety against open canals, manholes, live wires and
other
similar hazards to life and property; and, regulate the construction
and
use of private water closets, privies and other similar structures in
buildings
and homes;

(ix) Regulate the placing,
stringing, attaching, installing, repair and construction of all gas
mains,
electric, telegraph and telephone wires, conduits, meters and other
apparatus;
and, provide for the correction, condemnation or removal of the same
when
found to be dangerous, defective or otherwise hazardous to the welfare
of the inhabitants;

(x) Subject to the
availability of funds and to existing laws, rules and regulations,
establish
and provide for the operation of vocational and technical schools and
similar
post-secondary institutions and, with the approval of the Department of
Education, Culture and Sports, fix and collect reasonable fees and
other
school charges on said institutions, subject to existing laws on
tuition
fees;

(xi) Establish a scholarship
fund for poor but deserving students residing within the municipality
in
schools located within its jurisdiction;

(xii) Approve measures
and adopt quarantine regulations to prevent the introduction and spread
of diseases;

(xiii) Provide for
an efficient and effective system of solid waste and garbage collection
and disposal and prohibit littering and the placing or throwing of
garbage,
refuse and other filth and wastes;

(xiv) Provide for the
care of paupers, the aged, the sick, persons of unsound mind, disabled
persons, abandoned minors, juvenile delinquents, drug dependents,
abused
children and other needy and disadvantaged persons, particularly
children
and youth below eighteen (18) years of age and, subject to availability
of funds, establish and provide for the operation of centers and
facilities
for said needy and disadvantaged persons;

(xv) Establish and
provide for the maintenance and improvement of jails and detention
centers,
institute sound jail management programs, and appropriate funds for the
subsistence of detainees and convicted prisoners in the municipality;

(xiv) Establish a municipal
council whose purpose is the promotion of culture and the arts,
coordinate
with government agencies and non-governmental organizations and,
subject
to the availability of funds, appropriate funds for the support and
development
of the same; and cralaw

(xvii) Establish a
municipal council for the elderly which shall formulate policies and
adopt
measures mutually beneficial to the elderly and to the community;
provide
incentives for non-governmental agencies and entities and, subject to
the
availability of funds, appropriate funds to support programs and
projects
for the benefit of the elderly; and cralaw

(6) Exercise such other powers
and perform such other duties and functions as may be prescribed by law
or ordinance.cralaw

(b) The members of
the sangguniang bayan shall receive a minimum monthly compensation
corresponding
to Salary Grade twenty-four (24) as prescribed under R.A. 6758 and the
implementing guidelines issued pursuant thereto: Provided, That, in
municipalities
in the Metropolitan Manila Area and other metropolitan political
subdivisions,
members of the sangguniang bayan shall receive a minimum monthly
compensation
corresponding to Salary grade twenty-five (25).

TITLE THREE. - THE CITY

CHAPTER 1 - ROLE
AND CREATION
OF THE CITY

SEC. 448. Role of the
City.
- The city, consisting of more urbanized and developed barangays,
serves
as a general-purpose government for the coordination and delivery of
basic,
regular, and direct services and effective governance of the
inhabitants
within its territorial jurisdiction.

SEC. 449. Manner of Creation.
- A city may be created, divided, merged, abolished, or its boundary
substantially
altered, only by an Act of Congress, and subject to approval by a
majority
of the votes cast in a plebiscite to be conducted by the Comelec in the
local government unit or units directly affected. Except as may
otherwise
be provided in such Act, the plebiscite shall be held within one
hundred
twenty (120) days from the date of its effectivity.cralaw

SEC. 450. Requisites for
Creation. - (a) A municipality or a cluster of barangays may be
converted
into a component city if it has an average annual income, as certified
by the Department of Finance, of at least Twenty million pesos
(P20,000,000.00)
for the last two (2) consecutive years based on 1991 constant prices,
and
if it has either of the following requisites:chanrobles virtual law library

(i) a contiguous territory
of at least one hundred (100) square kilometers, as certified by the
Lands
Management Bureau; or,

(ii) a population of
not less than one hundred fifty thousand (150,000) inhabitants, as
certified
by the National Statistics Office: Provided, That, the creation thereof
shall not reduce the land area, population, and income of the original
unit or units at the time of said creation to less than the minimum
requirements
prescribed herein.cralaw

(b) The territorial
jurisdiction of a newly-created city shall be properly identified by
metes
and bounds. The requirement on land area shall not apply where the city
proposed to be created is composed of one (1) or more islands. The
territory
need not be contiguous if it comprises two (2) or more islands.cralaw

(c) The average annual
income shall include the income accruing to the general fund, exclusive
of special funds, transfers, and non-recurring income.cralaw

SEC. 451. Cities, Classified.
- A city may either be component or highly urbanized: Provided,
however,
That the criteria established in this Code shall not affect the
classification
and corporate status of existing cities. Independent component cities
are
those component cities whose charters prohibit their voters from voting
for provincial elective officials. Independent component cities shall
be
independent of the province.cralaw

SEC. 452. Highly Urbanized
Cities. - (a) Cities with a minimum population of two hundred
thousand
(200,000) inhabitants, as certified by the National Statistics Office,
and with the latest annual income of at least Fifty Million Pesos
(P=50,000,000.00)
based on 1991 constant prices, as certified by the city treasurer,
shall
be classified as highly urbanized cities.cralaw

(b) Cities which do
not meet the above requirements shall be considered component cities of
the province in which they are geographically located. If a component
city
is located within the boundaries of two (2) or more provinces, such
city
shall be considered a component of the province of which it used to be
a municipality.cralaw

(c) Qualified voters
of highly urbanized cities shall remain excluded from voting for
elective
provincial officials. Unless otherwise provided in the Constitution or
this Code, qualified voters of independent component cities shall be
governed
by their respective charters, as amended, on the participation of
voters
in provincial elections. Qualified voters of cities who acquired the
right
to vote for elective provincial officials prior to the classification
of
said cities as highly-urbanized after the ratification of the
Constitution
and before the effectivity of this Code, shall continue to exercise
such
right.cralaw

SEC. 453. Duty to Declare
Highly Urbanized Status. - It shall be the duty of the President to
declare a city as highly urbanized within thirty (30) days after it
shall
have met the minimum requirements prescribed in the immediately
preceding
section, upon proper application therefor and ratification in a
plebiscite
by the qualified voters therein.cralaw

CHAPTER 2 - CITY
OFFICIALS
IN GENERAL

SEC. 454. Officials of
the
City Government. - (a)There shall be in each city a
mayor,
a vice-mayor, sangguniang panlungsod members, a secretary to the
sangguniang
panlungsod, a city treasurer, a city assessor, a city accountant, a
city
budget officer, a city planning and development coordinator, a city
engineer,
a city health officer, a city civil registrar, a city administrator, a
city legal officer, a city veterinarian, a city social welfare and
development
officer, and a city general services officer.

(b) In addition thereto,
the city mayor may appoint a city architect, a city information
officer,
a city agriculturist, a city population officer, a city environment and
natural resources officer, and a city cooperatives officer. The
appointment
of a city population officer shall be optional in the city: Provided,
however,
That cities which have existing population offices shall continue to
maintain
such offices for a period of five (5) years from the date of the
effectivity
of this Code, after which said offices shall become optional.cralaw

(2) Create such other
offices as may be necessary to carry out the purposes of the city
government;
or

(3) Consolidate the
functions of any office with those of another in the interest of
efficiency
and economy.cralaw

(d) Unless otherwise
provided herein, heads of departments and offices shall be appointed by
the city mayor with the concurrence of the majority of all the
sangguniang
panlungsod members, subject to civil service law, rules and
regulations.
The sangguniang panlungsod shall act on the appointment within fifteen
(15) days from the date of its submission, otherwise the same shall be
deemed confirmed.cralaw

(e) Elective and appointive
city officials shall receive such compensation, allowances, and other
emoluments
as may be determined by law or ordinance, subject to the budgetary
limitations
on personal services prescribed under Title Five, Book II of this Code:
Provided, That, no increase in compensation of the mayor, vice-mayor
and
sangguniang panlungsod members shall take effect until after the
expiration
of the full term of the said local officials approving such increase.

CHAPTER 3 - OFFICIALS
AND
OFFICES COMMON TO ALL CITIES

Article One. - The
City Mayor

SEC. 455. Chief
Executive;
Powers, Duties and Compensation. - (a) The city mayor, as chief
executive
of the city government, shall exercise such powers and perform such
duties
and functions as provided by this Code and other laws.

(b) For efficient,
effective and economical governance the purpose of which is the general
welfare of the city and its inhabitants pursuant to Section 16 of this
Code, the city mayor shall:chanrobles virtual law library

(1) Exercise general supervision
and control over all programs, projects, services, and activities of
the
city government, and in this connection, shall:chanrobles virtual law library

(i) Determine the guidelines
of city policies and be responsible to the sangguniang panlungsod for
the
program of government;

(ii) Direct the formulation
of the city development plan, with the assistance of the city
development
council, and upon approval thereof by the sangguniang panlungsod,
implement
the same;

(iii) Present the program
of government and propose policies and projects for the consideration
of
the sangguniang panlungsod at the opening of the regular session of the
sangguniang panlungsod every calendar year and as often as may be
deemed
necessary as the general welfare of the inhabitants and the needs of
the
city government may require;

(iv) Initiate and propose
legislative measures to the sangguniang panlungsod and as often as may
be deemed necessary, provide such information and data needed or
requested
by said sanggunian in the performance of its legislative functions;

(v) Appoint all officials
and employees whose salaries and wages are wholly or mainly paid out of
city funds and whose appointments are not otherwise provided for in
this
Code, as well as those he may be authorized by law to appoint;

(vi) Represent the
city in all its business transactions and sign in its behalf all bonds,
contracts, and obligations, and such other documents upon authority of
the sangguniang panlungsod or pursuant to law or ordinance;

(vii)Carry out such
emergency measures as may be necessary during and in the aftermath of
man-made
and natural disasters and calamities;

(viii)Determine the
time, manner and place of payment of salaries or wages of the officials
and employees of the city, in accordance with law or ordinance;

(ix) Allocate and assign
office space to city and other officials and employees who, by law or
ordinance,
are entitled to such space in the city hall and other buildings owned
or
leased by the city government;

(x) Ensure that all
executive officials and employees of the city faithfully discharge
their
duties and functions as provided by law and this Code, and cause to be
instituted administrative or judicial proceedings against any official
or employee of the city who may have committed an offense in the
performance
of his official duties;

(xi) Examine the books,
records and other documents of all offices, officials, agents or
employees
of the city and, in aid of his executive powers and authority, require
all national officials and employees stationed in or assigned to the
city
to make available to him such books, records, and other documents in
their
custody, except those classified by law as confidential;

(xii) Furnish copies
of executive orders issued by him, to the provincial governor in the
case
of component city mayors, to the Office of the President in the case of
highly-urbanized city mayors, and to their respective metropolitan
council
chairmen in the case of mayors of cities in the Metropolitan Manila
Area
and other metropolitan political subdivisions, within seventy-two (72)
hours after their issuance;

(xiii) Visit component
barangays of the city at least once every six (6) months to deepen his
understanding of problems and conditions, listen and give appropriate
counsel
to local officials and inhabitants, inform the component barangay
officials
and inhabitants of general laws and ordinances which especially concern
them, and otherwise conduct visits and inspections to ensure that the
governance
of the city will improve the quality of life of the inhabitants;

(xiv) Act on leave
applications of officials and employees appointed by him and the
commutation
of the monetary value of their leave credits in accordance with law;

(xv) Authorize official
trips of city officials and employees outside of the city for a period
not exceeding thirty (30) days;

(xvi) Call upon any
national official or employee stationed in or assigned to the city to
advise
him on matters affecting the city and to make recommendations thereon;
coordinate with said official or employee in the formulation and
implementation
of plans, programs and projects; and, when appropriate, initiate an
administrative
or judicial action against a national government official or employee
who
may have committed an offense in the performance of his official duties
while stationed in or assigned to the city;

(xvii) Authorize payment
for medical care, necessary transportation, subsistence, hospital or
medical
fees of city officials and employees who are injured while in the
performance
of their official duties and functions, subject to availability of
funds;

(xviii) Solemnize marriage,
any provision of law to the contrary notwithstanding;

(xix) Conduct an annual
palarong panlungsod, which shall feature traditional sports and
disciplines
included in national and international games, in coordination with the
Department of Education, Culture and Sports; and,

(xx)Submit to the provincial
governor, in the case of component cities; to the Office of the
President,
in the case of highly-urbanized cities; to their respective
metropolitan
authority council chairmen and to the Office of the President, in the
case
of cities of the Metropolitan Manila Area and other metropolitan
political
subdivisions, the following reports: an annual report containing a
summary
of all matters pertinent to the management, administration and
development
of the city and all information and data relative to its political,
social
and economic conditions; and supplemental reports when unexpected
events
and situations arise at any time during the year, particularly when
man-made
or natural disasters or calamities affect the general welfare of the
city,
province, region or country;

(2) Enforce all laws
and ordinances relative to the governance of the city and in the
exercise
of the appropriate corporate powers provided for under Section 22 of
this
Code, implement all approved policies, programs, projects, services and
activities of the city and, in addition to the foregoing, shall:chanrobles virtual law library

(i) Ensure that the
acts of the city's component barangays and of its officials and
employees
are within the scope of their prescribed powers, duties and functions;

(ii) Call conventions,
conferences, seminars, or meetings of any elective and appointive
officials
of the city, including provincial officials and national officials and
employees stationed in or assigned to the city, at such time and place
and on such subject as he may deem important for the promotion of the
general
welfare of the local government unit and its inhabitants;

(iii) Issue such executive
orders for the faithful and appropriate enforcement and execution of
laws
and ordinances;

(iv) Be entitled to
carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized
representative of the National Police Commission, formulate the peace
and
order plan of the city and upon its approval, implement the same; and
as
such exercise general and operational control and supervision over the
local police forces in the city, in accordance with R.A. No. 6975;

(vi) Call upon the
appropriate law enforcement agencies to suppress disorder, riot,
lawless
violence, rebellion or sedition, or to apprehend violators of the law
when
public interest so requires and the city police forces are inadequate
to
cope with the situation or the violators;

(3) Initiate and maximize
the generation of resources and revenues, and apply the same to the
implementation
of development plans, program objectives and priorities as provided for
under Section 18 of this Code, particularly those resources and
revenues
programmed for agro-industrial development and countryside growth and
progress
and, relative thereto, shall:chanrobles virtual law library

(i) Require each head
of an office or department to prepare and submit an estimate of
appropriations
for the ensuing calendar year, in accordance with the budget
preparations
process under Title Five, Book II of this Code;

(ii) Prepare and submit
to the sanggunian for approval the executive and supplemental budgets
of
the city for the ensuing calendar year in the manner provided for under
Title Five, Book II of this Code;

(iii) Ensure that all
taxes and other revenues of the city are collected, and that city funds
are applied to the payment of expenses and settlement of obligations of
the city, in accordance with law or ordinance;

(iv) Issue licenses
and permits and suspend or revoke the same for any violation of the
conditions
upon which said licenses or permits had been issued, pursuant to law or
ordinance;

(v) Issue permits,
without need of approval therefor from any national agency, for the
holding
of activities for any charitable or welfare purpose, excluding
prohibited
games of chance or shows contrary to law, public policy and public
morals;

(vi) Require owners
of illegally constructed houses, buildings or other structures to
obtain
the necessary permit, subject to such fines and penalties as may be
imposed
by law or ordinance, or to make necessary changes in the construction
of
the same when said construction violates any law or ordinance, or to
order
the demolition or removal of said house, building or structure within
the
period prescribed by law or ordinance;

(vii) Adopt adequate
measures to safeguard and conserve land, mineral, marine, forest, and
other
resources of the city; provide efficient and effective property and
supply
management in the city; and protect the funds, credits, rights and
other
properties of the city; and cralaw

(viii) Institute or
cause to be instituted administrative or judicial proceedings for
violation
of ordinances in the collection of taxes, fees or charges, and for the
recovery of funds and property; and cause the city to be defended
against
all suits to ensure that its interests, resources and rights shall be
adequately
protected;

(4) Ensure the delivery
of basic services and the provision of adequate facilities as provided
for under Section 17 of this Code and, in addition thereto, shall:chanrobles virtual law library

(i) Ensure that the
construction and repair of roads and highways funded by the national
government
shall be, as far as practicable, carried out in a spatially contiguous
manner and in coordination with the construction and repair of the
roads
and bridges of the city, and in the case of component cities, of the
city
and of the province; and cralaw

(ii) Coordinate the
implementation of technical services, including public works and
infrastructure
programs, rendered by national offices in the case of highly urbanized
and independent component cities, and by national and provincial
offices
in the case of component cities; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

(c) During his incumbency,
the city mayor shall hold office in the city hall.cralaw

Article Two. - The
City Vice-Mayor

(1) Be the presiding
officer of the sangguniang panlungsod and sign all warrants drawn on
the
city treasury for all expenditures appropriated for the operation of
the
sangguniang panlungsod;

(2) Subject to civil
service law, rules and regulations, appoint all officials and employees
of the sangguniang panlungsod, except those whose manner of appointment
is specifically provided in this Code;

(3) Assume the office
of the city mayor for the unexpired term of the latter in the event of
permanent vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers
and perform the duties and functions of the city mayor in cases of
temporary
vacancy as provided for in Section 46, Book I of this Code; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

(b) The city vice-mayor
shall receive a monthly compensation corresponding to Salary Grade
twenty
eight (28) for a highly urbanized city and Salary Grade twenty six (26)
for a component city, as prescribed under R.A. No. 6758 and the
implementing
guidelines issued pursuant thereto.

Article Three. - The
Sangguniang
Panlungsod

SEC. 457. Composition.
- (a) The sangguniang panlungsod, the legislative body of the city,
shall
be composed of the city vice-mayor as presiding officer, the regular
sanggunian
members, the president of the city chapter of the liga ng mga barangay,
the president of the panlungsod na pederasyon ng mga sangguniang
kabataan,
and the sectoral representatives, as members.

(b) In addition thereto,
there shall be three (3) sectoral representatives: one (1) from the
women;
and, as shall be determined by the sanggunian concerned within ninety
(90)
days prior to the holding of the local elections, one (1) from the
agricultural
or industrial workers; and one (1) from the other sectors, including
the
urban poor, indigenous cultural communities, or disabled persons.cralaw

(c) The regular members
of the sangguniang panlungsod and the sectoral representatives shall be
elected in the manner as may be provided for by law.cralaw

SEC. 458. - Powers, Duties,
Functions and Compensation. - (a) The sangguniang panlungsod, as
the
legislative body of the city, shall enact ordinances, approve
resolutions
and appropriate funds for the general welfare of the city and its
inhabitants
pursuant to Section 16 of this Code and in the proper exercise of the
corporate
powers of the city as provided for under Section 22 of this Code, and
shall:chanrobles virtual law library

(1) Approve ordinances
and pass resolutions necessary for an efficient and effective city
government,
and in this connection, shall:chanrobles virtual law library

(i) Review all ordinances
approved by the sangguniang barangay and executive orders issued by the
punong barangay to determine whether these are within the scope of the
prescribed powers of the sanggunian and of the punong barangay;

(ii) Maintain peace
and order by enacting measures to prevent and suppress lawlessness,
disorder,
riot, violence, rebellion or sedition and impose penalties for the
violation
of said ordinances;

(iii) Approve ordinances
imposing a fine not exceeding Five thousand pesos (P5,000.00) or an
imprisonment
for a period not exceeding one (1) year, or both in the discretion of
the
court, for the violation of a city ordinance;

(iv) Adopt measures
to protect the inhabitants of the city from the harmful effects of
man-made
or natural disasters and calamities, and to provide relief services and
assistance for victims during and in the aftermath of said disasters or
calamities and their return to productive livelihood following said
events;

(v) Enact ordinances
intended to prevent, suppress and impose appropriate penalties for
habitual
drunkenness in public places, vagrancy, mendicancy, prostitution,
establishment
and maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property,
drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency,
the printing, distribution or exhibition of obscene or pornographic
materials
or publications, and such other activities inimical to the welfare and
morals of the inhabitants of the city;

(vi) Protect the environment
and impose appropriate penalties for acts which endanger the
environment,
such as dynamite fishing and other forms of destructive fishing,
illegal
logging and smuggling of logs, smuggling of natural resources products
and of endangered species of flora and fauna, slash and burn farming,
and
such other activities which result in pollution, acceleration of
eutrophication
of rivers and lakes, or of ecological imbalance;

(vii) Subject to the
provisions of this Code and pertinent laws, determine the powers and
duties
of officials and employees of the city;

(viii) Determine the
positions and the salaries, wages, allowances and other emoluments and
benefits of officials and employees paid wholly or mainly from city
funds
and provide for expenditures necessary for the proper conduct of
programs,
projects, services, and activities of the city government;

(ix) Authorize the
payment of compensation to a qualified person not in the government
service
who fills up a temporary vacancy or grant honorarium to any qualified
official
or employee designated to fill a temporary vacancy in a concurrent
capacity,
at the rate authorized by law;

(x) Provide a mechanism
and the appropriate funds therefor, to ensure the safety and protection
of all city government property, public documents, or records such as
those
relating to property inventory, land ownership, records of births,
marriages,
deaths, assessments, taxation, accounts, business permits, and such
other
records and documents of public interest in the offices and departments
of the city government;

(xi) When the finances of
the city government allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and high school
teachers,
and other national government officials stationed in or assigned to the
city;

(xii) Provide legal
assistance to barangay officials who, in the performance of their
official
duties or on the occasion thereof, have to initiate judicial
proceedings
or defend themselves against legal action; and cralaw

(xiii) Provide for
group insurance or additional insurance coverage for all barangay
officials,
including members of barangay tanod brigades and other service units,
with
public or private insurance companies, when the finances of the city
government
allow said coverage;

(2) Generate and maximize
the use of resources and revenues for the development plans, program
objectives
and priorities of the city as provided for under Section 18 of this
Code,
with particular attention to agro-industrial development and city-wide
growth and progress, and relative thereto, shall:chanrobles virtual law library

(i) Approve the annual
and supplemental budgets of the city government and appropriate funds
for
specific programs, projects, services and activities of the city, or
for
other purposes not contrary to law, in order to promote the general
welfare
of the city and its inhabitants;

(ii) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang panlungsod, enact ordinances
levying taxes, fees and charges, prescribing the rates thereof for
general
and specific purposes, and granting tax exemptions, incentives or
reliefs;

(iii) Subject to the
provisions of Book II of this Code and upon the majority vote of all
the
members of the sangguniang panlungsod, authorize the city mayor to
negotiate
and contract loans and other forms of indebtedness;

(iv) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang panlungsod, enact ordinances
authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;

(v) Appropriate funds
for the construction and maintenance or the rental of buildings for the
use of the city; and, upon the majority vote of all the members of the
sangguniang panlungsod, authorize the city mayor to lease to private
parties
such public buildings held in a proprietary capacity, subject to
existing
laws, rules and regulations;

(vi) Prescribe reasonable
limits and restraints on the use of property within the jurisdiction of
the city;

(vii) Adopt a comprehensive
land use plan for the city: Provided, That in the case of component
cities,
the formulation, adoption or modification of said plan shall be in
coordination
with the approved provincial comprehensive land use plan;

(viii) Reclassify land
within the jurisdiction of the city, subject to the pertinent
provisions
of this Code;

(ix) Enact integrated
zoning ordinances in consonance with the approved comprehensive land
use
plan, subject to existing laws, rules and regulations; establish fire
limits
or zones, particularly in populous centers; and regulate the
construction,
repair or modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;

(x) Subject to national
law, process and approve subdivision plans for residential, commercial,
or industrial purposes and other development purposes, and to collect
processing
fees and other charges, the proceeds of which shall accrue entirely to
the city: Provided, however, That where approval of a national agency
or
office is required, said approval shall not be withheld for more than
thirty
(30) days from receipt of the application. Failure to act on the
application
within the period stated above shall be deemed as approval thereof;

(xi) Subject to the
provisions of Book II of this Code, grant the exclusive privilege of
constructing
fish corrals or fish pens, or the taking or catching of bangus fry,
prawn
fry or kawag-kawag, or fry of any species or fish within the city
waters;

(xii) With the concurrence
of at least two-thirds (2/3) of all the members of the sangguniang
panlungsod,
grant tax exemptions, incentives or reliefs to entities engaged in
community
growth-inducing industries, subject to the provisions of Chapter 5,
Title
I, Book II of this Code;

(xiii) Grant loans
or provide grants to other local government units or to national,
provincial,
and city charitable, benevolent or educational institutions: Provided,
That, said institutions are operated and maintained within the city;

(xiv)Regulate the numbering
of residential, commercial and other buildings; and,

(xv) Regulate the inspection,
weighing and measuring of articles of commerce.cralaw

(3) Subject to the
provisions of Book II of this Code, enact ordinances granting
franchises
and authorizing the issuance of permits or licenses, upon such
conditions
and for such purposes intended to promote the general welfare of the
inhabitants
of the city and pursuant to this legislative authority shall:chanrobles virtual law library

(i) Fix and impose
reasonable fees and charges for all services rendered by the city
government
to private persons or entities;

(ii) Regulate or fix
license fees for any business or practice of profession within the city
and the conditions under which the license for said business or
practice
of profession may be revoked and enact ordinances levying taxes thereon;

(iii) Provide for and
set the terms and conditions under which public utilities owned by the
city shall be operated by the city government, and prescribe the
conditions
under which the same may be leased to private persons or entities,
preferably
cooperatives;

(iv) Regulate the display
of and fix the license fees for signs, signboards, or billboards at the
place or places where the profession or business advertised thereby is,
in whole or in part, conducted;

(v) Any law to the
contrary notwithstanding, authorize and license the establishment,
operation,
and maintenance of cockpits, and regulate cockfighting and commercial
breeding
of gamecocks: Provided, That existing rights should not be prejudiced;

(vi) Subject to the
guidelines prescribed by the Department of Transportation and
Communications,
regulate the operation of tricycles and grant franchises for the
operation
thereof within the territorial jurisdiction of the city;

(vii)Upon approval
by a majority vote of all the members of the sangguniang panlungsod:
grant
a franchise to any person, partnership, corporation, or cooperative to
do business within the city; establish, construct, operate and maintain
ferries, wharves, markets or slaughterhouses; or undertake such other
activities
within the city as may be allowed by existing laws: Provided, That,
cooperatives
shall be given preference in the grant of such a franchise.cralaw

(4) Regulate activities
relative to the use of land, buildings and structures within the city
in
order to promote the general welfare and for said purpose shall:chanrobles virtual law library

(i) Declare, prevent
or abate any nuisance;

(ii) Require that buildings
and the premises thereof and any land within the city be kept and
maintained
in a sanitary condition; impose penalties for any violation thereof;
or,
upon failure to comply with said requirement, have the work done at the
expense of the owner, administrator or tenant concerned; or require the
filling up of any land or premises to a grade necessary for proper
sanitation;

(iii) Regulate the
disposal of clinical and other wastes from hospitals, clinics and other
similar es ta bl is hm en ts ;

(v) Regulate the sale,
giving away or dispensing of any intoxicating malt, vino, mixed or
fermented
liquors at any retail outlet;

(vi) Regulate the establishment
and provide for the inspection of steam boilers or any heating device
in
buildings and the storage of inflammable and highly combustible
materials
within the city;

(vii) Regulate the
establishment, operation, and maintenance of any entertainment or
amusement
facilities, including theatrical performances, circuses, billiard
pools,
public dancing schools, public dance halls, sauna baths, massage
parlors,
and other places for entertainment or amusement; regulate such other
events
or activities for amusement or entertainment, particularly those which
tend to disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or, prohibit certain forms of
amusement
or entertainment in order to protect the social and moral welfare of
the
community;

(viii)Provide for the
impounding of stray animals; regulate the keeping of animals in homes
or
as part of a business, and the slaughter, sale or disposition of the
same;
and adopt measures to prevent and penalize cruelty to animals; and,

(ix) Regulate the establishment,
operation and maintenance of funeral parlors and the burial or
cremation
of the dead, subject to existing laws, rules and regulations.cralaw

(5) Approve ordinances
which shall ensure the efficient and effective delivery of the basic
services
and facilities as provided for under Section 17 of this Code, and in
addition
to said services and facilities, shall:chanrobles virtual law library

(i) Provide for the
establishment, maintenance, protection, and conservation of communal
forests
and water sheds, tree parks, greenbelts, mangroves, and other similar
forest
development projects;

(ii) Establish markets,
slaughterhouses or animal corrals and authorize the operation thereof
by
the city government; and regulate the construction and operation of
private
markets, talipapas or other similar buildings and structures;

(iii)Authorize the
establishment, maintenance and operation by the city government of
ferries,
wharves, and other structures intended to accelerate productivity
related
to marine and seashore or offshore activities;

(iv) Regulate the preparation
and sale of meat, poultry, fish, vegetables, fruits, fresh dairy
products,
and other foodstuffs for public consumption;

(v) Regulate the use
of streets, avenues, alleys, sidewalks, bridges, parks and other public
places and approve the construction, improvement, repair and
maintenance
of the same; establish bus and vehicle stops and terminals or regulate
the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate
stands
to be occupied by public vehicles when not in use; regulate the putting
up of signs, signposts, awnings and awning posts on the streets; and
provide
for the lighting, cleaning and sprinkling of streets and public places;

(vi) Regulate traffic
on all streets and bridges; prohibit encroachments or obstacles thereon
and, when necessary in the interest of public welfare, authorize the
removal
of encroachments and illegal constructions in public places;

(vii)Subject to existing
laws, establish and provide for the maintenance, repair and operation
of
an efficient waterworks system to supply water for the inhabitants and
to purify the source of the water supply; regulate the construction,
maintenance,
repair and use of hydrants, pumps, cisterns and reservoirs; protect the
purity and quantity of the water supply of the city and, for this
purpose,
extend the coverage of appropriate ordinances over all territory within
the drainage area of said water supply and within one hundred (100)
meters
of the reservoir, conduit, canal, aqueduct, pumping station, or
watershed
used in connection with the water service; and regulate the
consumption,
use or wastage of water and fix and collect charges therefor;

(viii) Regulate the
drilling and excavation of the ground for the laying of water, gas,
sewer,
and other pipes and the construction, repair and maintenance of public
drains, sewers, cesspools, tunnels and similar structures; regulate the
placing of poles and the use of crosswalks, curbs, and gutters; adopt
measures
to ensure public safety against open canals, manholes, live wires and
other
similar hazards to life and property; and regulate the construction and
use of private water closets, privies and other similar structures in
buildings
and homes;

(ix) Regulate the placing,
stringing, attaching, installing, repair and construction of all gas
mains,
electric, telegraph and telephone wires, conduits, meters and other
apparatus;
and provide for the correction, condemnation or removal of the same
when
found to be dangerous, defective, or otherwise hazardous to the welfare
of the inhabitants;

(x) Subject to the
availability of funds and to existing laws, rules and regulations,
establish
and provide for the operation of vocational and technical schools and
similar
post-secondary institutions and, with the approval of the Department of
Education, Culture and Sports and subject to existing law on tuition
fees,
fix and collect reasonable tuition fees and other school charges in
educational
institutions supported by the city government;

(xi) Establish a scholarship
fund for the poor but deserving students in schools located within its
jurisdiction or for students residing within the city;

(xii) Approve measures
and adopt quarantine regulations to prevent the introduction and spread
of diseases;

(xiii) Provide for
an efficient and effective system of solid waste and garbage collection
and disposal; prohibit littering and the placing or throwing of
garbage,
refuse and other filth and wastes;

(xiv) Provide for the
care of disabled persons, paupers, the aged, the sick, persons of
unsound
mind, abandoned minors, juvenile delinquents, drug dependents, abused
children
and other needy and disadvantaged persons, particularly children and
youth
below eighteen (18) years of age; and, subject to availability of
funds,
establish and provide for the operation of centers and facilities for
said
needy and disadvantaged persons;

(xv) Establish and
provide for the maintenance and improvement of jails and detention
centers,
institute a sound jail management, and appropriate funds for the
subsistence
of detainees and convicted prisoners in the city;

(xvi) Establish a City
council whose purpose is the promotion of culture and the arts,
coordinate
with government agencies and non-governmental organizations and,
subject
to the availability of funds, appropriate funds for the support and
development
of the same; and cralaw

(xvii) Establish a
City council for the elderly which shall formulate policies and adopt
measures
mutually beneficial to the elderly and to the community; provide
incentives
for non-governmental agencies and entities and, subject to the
availability
of funds, appropriate funds to support programs and projects for the
benefit
of the elderly; and (6) Exercise such other powers and perform such
other
duties and functions as may be prescribed by law or ordinance.cralaw

(b) The members of
the sangguniang panlungsod of component cities shall receive a minimum
monthly compensation corresponding to Salary Grade twenty-five (25) and
members of the sangguniang panlungsod of highly- urbanized cities shall
receive a minimum monthly compensation corresponding to Salary Grade
twenty-seven
(27), as prescribed under R.A. 6758 and the implementing guidelines
issued
pursuant thereto.

TITLE FOUR. - THE
PROVINCE

CHAPTER 1 - ROLE
AND CREATION
OF THE PROVINCE

SEC. 459. Role of the
Province.
- The province, composed of a cluster of municipalities, or
municipalities
and component cities, and as a political and corporate unit of
government,
serves as a dynamic mechanism for developmental processes and effective
governance of local government units within its territorial
jurisdiction.

SEC. 460. Manner of Creation.
- A province may be created, divided, merged, abolished, or its
boundary
substantially altered, only by an Act of Congress and subject to
approval
by a majority of the votes cast in a plebiscite to be conducted by the
Comelec in the local government unit or units directly affected. The
plebiscite
shall be held within one hundred twenty (120) days from the date of
effectivity
of said Act, unless otherwise provided therein.cralaw

SEC. 461. Requisites for
Creation. - (a) A province may be created if it has an average
annual
income, as certified by the Department of Finance, of not less than
Twenty
million pesos (P=20,000,000.00) based on 1991 constant prices and
either
of the following requisites:chanrobles virtual law library

(i) a contiguous territory
of at least two thousand (2,000) square kilometers, as certified by the
Lands Management Bureau; or,

(ii) a population of
not less than two hundred fifty thousand (250,000) inhabitants as
certified
by the National Statistics Office:chanrobles virtual law library

Provided, That, the
creation thereof shall not reduce the land area, population, and income
of the original unit or units at the time of said creation to less than
the minimum requirements prescribed herein.cralaw

(b) The territory need
not be contiguous if it comprises two (2) or more islands or is
separated
by a chartered city or cities which do not contribute to the income of
the province.cralaw

(c) The average annual
income shall include the income accruing to the general fund, exclusive
of special funds, trust funds, transfers, and non-recurring income.cralaw

SEC. 462. Existing Sub-Provinces.
- Existing sub- provinces are hereby converted into regular
provinces
upon approval by a majority of the votes cast in a plebiscite to be
held
in the said subprovinces and the original provinces directly affected.
The plebiscite shall be conducted by the Comelec simultaneously with
the
national elections following the effectivity of this Code.cralaw

The new legislative
districts created as a result of such conversion shall continue to be
represented
in Congress by the duly-elected representatives of the original
districts
out of which said new provinces or districts were created until their
own
representatives shall have been elected in the next regular
congressional
elections and qualified.cralaw

The incumbent elected
officials of the said sub- provinces converted into regular provinces
shall
continue to hold office until June 30, 1992. Any vacancy occurring in
the
offices occupied by said incumbent elected officials, or resulting from
expiration of their terms of office in case of a negative vote in the
plebiscite
results, shall be filled by appointment by the President. The
appointees
shall hold office until their successors shall have been elected in the
regular local elections following the plebiscite mentioned herein and
qualified.
After effectivity of such conversion, the President shall fill up the
position
of governor of the newly-created province through appointment if none
has
yet been appointed to the same as hereinbefore provided, and shall also
appoint a vice-governor and the other members of the sangguniang
panlalawigan,
all of whom shall likewise hold office until their successors shall
have
been elected in the next regular local elections and qualified.cralaw

All qualified appointive
officials and employees in the career service of the said subprovinces
at the time of their conversion into regular provinces shall continue
in
office in accordance with civil service law, rules and regulations.

CHAPTER 2 - PROVINCIAN
OFFICIALS
IN GENERAL

SEC. 463. Officials of
the
Provincial Government. - (a) There shall be in each province a
governor,
avice-governor, members of the sangguniang panlalawigan, a secretary to
the sangguniang panlalawigan, a provincial treasurer, a provincial
assessor,
a provincial accountant, a provincial engineer, a provincial budget
officer,
a provincial planning and development coordinator, a provincial legal
officer,
a provincial administrator, a provincial health officer, a provincial
social
welfare and development officer, a provincial general services officer,
a provincial agriculturist, and a provincial veterinarian.

(b) In addition thereto,
the governor may appoint a provincial population officer, a provincial
natural resources and environment officer, a provincial cooperative
officer,
a provincial architect, and a provincial information officer. The
appointment
of a provincial population officer shall be optional in the province:
Provided,
however, That provinces which have existing population offices shall
continue
to maintain such offices for a period of five (5) years from the date
of
the effectivity of this Code, after which said offices shall become
optional.cralaw

(2) Create such other
offices as may be necessary to carry out the purposes of the provincial
government; or

(3) Consolidate the
functions of any office with those of another in the interest of
efficiency
and economy;

(d) Unless otherwise
provided herein, heads of departments and offices shall be appointed by
the governor with the concurrence of the majority of all the
sangguniang
panlalawigan members, subject to civil service law, rules and
regulations.
The sangguniang panlalawigan shall act on the appointment within
fifteen
(15) days from the date of its submission; otherwise the same shall be
deemed confirmed;

(e) Elective and appointive
provincial officials shall receive such compensation, allowances, and
other
emoluments as may be determined by law or ordinance, subject to the
budgetary
limitations on personal services prescribed under Title Five, Book II
of this Code: Provided, That, no increase in compensation shall take
effect
until after the expiration of the full term of all the elective
officials
approving such increase.cralaw

SEC. 464. Residence and
Office. - During the incumbency of the governor, he shall have his
official residence in the capital of the province. All elective and
appointive
provincial officials shall hold office in the provincial capital:
Provided,
That, upon resolution of the sangguniang panlalawigan, elective and
appointive
provincial officials may hold office in any component city or
municipality
within the province for a period of not more than seven (7) days for
any
given month.

CHAPTER 3 - OFFICIALS
AND
OFFICES COMMON TO ALL PROVINCES

Article One. The
Provincial
Governor

SEC. 465. The Chief
Executive:
Powers, Duties, Functions, and Compensation. - (a) The provincial
governor,
as the chief executive of the provincial government, shall exercise
such
powers and perform such duties and functions as provided by this Code
and
other laws.

(b) For efficient,
effective and economical governance the purpose of which is the general
welfare of the province and its inhabitants pursuant to Section 16 of
this
Code, the provincial governor shall:chanrobles virtual law library

(1) Exercise general
supervision and control over all programs, projects, services, and
activities
of the provincial government, and in this connection, shall:chanrobles virtual law library

(i) Determine the guidelines
of provincial policies and be responsible to the sangguniang
panlalawigan
for the program of government;

(ii) Direct the formulation
of the provincial development plan, with the assistance of the
provincial
development council, and upon approval thereof by the sangguniang
panlalawigan,
implement the same;

(iii)Present the program
of government and propose policies and projects for the consideration
of
the sangguniang panlalawigan at the opening of the regular session of
the
sangguniang panlalawigan every calendar year and as often as may be
deemed
necessary as the general welfare of the inhabitants and the needs of
the
provincial government may require;

(iv) Initiate and propose
legislative measures to the sangguniang panlalawigan and as often as
may
be deemed necessary, provide such information and data needed or
requested
by said sanggunian in the performance of its legislative functions;

(v) Appoint all officials
and employees whose salaries and wages are wholly or mainly paid out of
provincial funds and whose appointments are not otherwise provided for
in this Code, as well as those he may be authorized by law to appoint;

(vi) Represent the
province in all its business transactions and sign in its behalf all
bonds,
contracts, and obligations, and such other documents upon authority of
the sangguniang panlalawigan or pursuant to law or ordinance;

(vii) Carry out such
emergency measures as may be necessary during and in the aftermath of
man-made
and natural disasters and calamities;

(viii) Determine the
time, manner and place of payment of salaries or wages of the officials
and employees of the province, in accordance with law or ordinance;

(ix) Allocate and assign
office space to provincial and other officials and employees who, by
law
or ordinance, are entitled to such space in the provincial capitol and
other buildings owned or leased by the provincial government;

(x) Ensure that all
executive officials and employees of the province faithfully discharge
their duties and functions as provided by law and this Code, and cause
to be instituted administrative or judicial proceedings against any
official
or employee of the province who may have committed an offense in the
performance
of his official duties;

(xi) Examine the books,
records and other documents of all offices, officials, agents or
employees
of the province and, in aid of his executive powers and authority,
require
all national officials and employees stationed in the province to make
available to him such books, records, and other documents in their
custody,
except those classified by law as confidential;

(xii) Furnish copies
of executive orders issued by him to the Office of the President within
seventy-two (72) hours after their issuance;

(xiii) Visit component
cities and municipalities of the province at least once every six (6)
months
to deepen his understanding of problems and conditions, listen and give
appropriate counsel to local officials and inhabitants, inform the
officials
and inhabitants of component cities and municipalities of general laws
and ordinances which especially concern them, and otherwise conduct
visits
and inspections to ensure that the governance of the province will
improve
the quality of life of the inhabitants;

(xiv) Act on leave
applications of officials and employees appointed by him and the
commutation
of the monetary value of leave credits in accordance with law;

(xv) Authorize official
trips of provincial officials and employees outside of the province for
a period not exceeding thirty (30) days;

(xvi) Call upon any
national official or employee stationed in or assigned to the province
to advise him on matters affecting the province and to make
recommendations
thereon; coordinate with said official or employee in the formulation
and
implementation of plans, programs and projects; and when appropriate,
initiate
an administrative or judicial action against a national government
official
or employee who may have committed an offense in the performance of his
official duties while stationed in or assigned to the province;

(xvii) Authorize payment
for medical care, necessary transportation, subsistence, hospital or
medical
fees of provincial officials and employees who are injured while in the
performance of their official duties and functions, subject to
availability
of funds;

(xviii) Represent the
province in inter-provincial or regional sports councils or committees,
and coordinate the efforts of component cities or municipalities in the
regional or national palaro or sports development activities;

(xix) Conduct an annual
palarong panlalawigan, which shall feature traditional sports and
disciplines
included in national and international games, in coordination with the
Department of Education, Culture and Sports; and,

(xx) Submit to the
Office of the President the following reports: an annual report
containing
a summary of all matters pertinent to the management, administration
and
development of the province and all information and data relative to
its
political, social and economic conditions; and supplemental reports
when
unexpected events and situations arise at any time during the year,
particularly
when man-made or natural disasters or calamities affect the general
welfare
of the province, region or country;

(2) Enforce all laws
and ordinances relative to the governance of the province and the
exercise
of the appropriate corporate powers provided for under Section 22 of
this
Code, implement all approved policies, programs, projects, services and
activities of the province and, in addition to the foregoing, shall:chanrobles virtual law library

(i) Ensure that the
acts of the component cities and municipalities of the province and of
its officials and employees are within the scope of their prescribed
powers,
duties and functions;

(ii) Call conventions,
conferences, seminars, or meetings of any elective and appointive
officials
of the province and its component cities and municipalities, including
national officials and employees stationed in or assigned to the
province,
at such time and place and on such subject as he may deem important for
the promotion of the general welfare of the province and its
inhabitants;

(iii) Issue such executive
orders for the faithful and appropriate enforcement and execution of
laws
and ordinances;

(iv) Be entitled to
carry the necessary firearm within his territorial jurisdiction;

(v) In coordination
with the mayors of component cities and municipalities and the National
Police Commission, formulate the peace and order plan of the province
and
upon its approval, implement the same in accordance with R.A. No. 6975;

(vi) Call upon the
appropriate national law enforcement agencies to suppress disorder,
riot,
lawless violence, rebellion or sedition or to apprehend violators of
the
law when public interest so requires and the police forces of the
component
city or municipality where the disorder or violation is happening are
inadequate
to cope with the situation or the violators;

(3) Initiate and maximize
the generation of resources and revenues, and apply the same to the
implementation
of development plans, program objectives and priorities as provided for
under Section 18 of this Code, particularly those resources and
revenues
programmed for agro-industrial development and country-wide growth and
progress and, relative thereto, shall:chanrobles virtual law library

(i) Require each head
of an office or department to prepare and submit an estimate of
appropriations
for the ensuing calendar year, in accordance with the budget
preparation
process under Title Five, Book II of this Code; (ii) Prepare and submit
to the sanggunian for approval the executive and supplemental budgets
of
the province for the ensuing calendar year in the manner provided for
under
Title Five, Book II of this Code;

(iii) Ensure that all taxes
and other revenues of the province are collected, and that provincial
funds
are applied to the payment of expenses and settlement of obligations of
the province, in accordance with law or ordinance;

(iv) Issue licenses
and permits and suspend or revoke the same for any violation of the
conditions
upon which said licenses or permits had been issued, pursuant to law or
ordinance;

(v) Adopt adequate
measures to safeguard and conserve land, mineral, marine, forest and
other
resources of the province, in coordination with the mayors of component
cities and municipalities; provide efficient and effective property and
supply management in the province; and protect the funds, credits,
rights,
and other properties of the province; and;

(vi) Institute or cause
to be instituted administrative or judicial proceedings for violation
of
ordinances in the collection of taxes, fees or charges, and for the
recovery
of funds and property; and cause the province to be defended against
all
suits to ensure that its interests, resources and rights shall be
adequately
protected.cralaw

(4) Ensure the delivery
of basic services and the provision of adequate facilities as provided
for under Section 17 of this Code, and in addition thereto, shall:chanrobles virtual law library

(i) Ensure that the
construction and repair of roads and highways funded by the national
government
shall be, as far as practicable, carried out in a spatially contiguous
manner and in coordination with the construction and repair of the
roads
and bridges of the province and of its component cities and
municipalities;
and,

(ii) Coordinate the
implementation of technical services by national offices for the
province
and its component cities and municipalities, including public works and
infrastructure programs of the provincial government and its component
cities and municipalities;

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

Article Two. - The
Provincial
Vice-Governor

(1) Be the presiding
officer of the sangguniang panlalawigan and sign all warrants drawn on
the provincial treasury for all expenditures appropriated for the
operation
of the sangguniang panlalawigan;

(2) Subject to civil
service law, rules and regulations, appoint all officials and employees
of the sangguniang panlalawigan, except those whose manner of
appointment
is specifically provided in this Code;

(3) Assume the office
of the governor for the unexpired term of the latter in the event of
permanent
vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers
and perform the duties and functions of the governor in cases of
temporary
vacancy as provided for in Section 46, Book I of this Code; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

Article Three. - The
Sangguniang
Panlalawigan

SEC. 467. Composition.
- (a) The sangguniang panlalawigan, the legislative body of the
province,
shall be composed of the provincial vice-governor as presiding officer,
the regular sanggunian members, the president of the provincial chapter
of the liga ng mga barangay, the president of the panlalawigang
pederasyon
ng mga sangguniang kabataan, the president of the provincial federation
of sanggunian members of municipalities and component cities, and the
sectoral
representatives, as members.

(b) In addition thereto,
there shall be three (3) sectoral representatives: one (1) from the
women;
and as shall be determined by the sanggunian concerned within ninety
(90)
days prior to the holding of the local elections, one (1) from the
agricultural
or industrial workers; and one (1) from the other sectors, including
the
urban poor, indigenous cultural communities, or disabled persons.cralaw

(c) The regular members
of the sangguniang panlalawigan and the sectoral representatives shall
be elected in the manner as may be provided for by law.cralaw

SEC. 468. Powers, Duties,
Functions and Compensation. - (a) The sangguniang panlalawigan, as
the legislative body of the province, shall enact ordinances, approve
resolutions
and appropriate funds for the general welfare of the province and its
inhabitants
pursuant to Section 16 of this Code and in the proper exercise of the
corporate
powers of the province as provided for under Section 22 of this Code,
and
shall:chanrobles virtual law library

(1) Approve ordinances
and pass resolutions necessary for an efficient and effective
provincial
government and, in this connection, shall:chanrobles virtual law library

(i) Review all ordinances
approved by the sanggunians of component cities and municipalities and
executive orders issued by the mayors of said component units to
determine
whether these are within the scope of the prescribed powers of the
sanggunian
and of the mayor;

(ii) Maintain peace
and order by enacting measures to prevent and suppress lawlessness,
disorder,
riot, violence, rebellion or sedition and impose penalties for the
violation
of said ordinances;

(iii) Approve ordinances
imposing a fine not exceeding Five thousand pesos (P=5,000.00) or
imprisonment
not exceeding one (1) year, or both in the discretion of the court, for
the violation of a provincial ordinance;

(iv) Adopt measures to protect
the inhabitants of the province from the harmful effects of man-made or
natural disasters and calamities, and to provide relief services and
assistance
for victims during and in the aftermath of said disasters and
calamities
and their return to productive livelihood following said events;

(v) Enact ordinances
intended to prevent, suppress and impose appropriate penalties for
habitual
drunkenness in public places, vagrancy, mendicancy, prostitution,
establishment
and maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property,
drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency,
the printing, distribution or exhibition of obscene or pornographic
materials
or publications, and such other activities inimical to the welfare and
morals of the inhabitants of the province;

(vi) Protect the environment
and impose appropriate penalties for acts which endanger the
environment,
such as dynamite fishing and other forms of destructive fishing,
illegal
logging and smuggling of logs, smuggling of natural resources products
and of endangered species of flora and fauna, slash and burn farming,
and
such other activities which result in pollution, acceleration of
eutrophication
of rivers and lakes, or of ecological imbalance;

(vii) Subject to the
provisions of this Code and pertinent laws, determine the powers and
duties
of officials and employees of the province;

(viii) Determine the
positions and the salaries, wages, allowances and other emoluments and
benefits of officials and employees paid wholly or mainly from
provincial
funds and provide for expenditures necessary for the proper conduct of
programs, projects, services, and activities of the provincial
government;

(ix) Authorize the
payment of compensation to a qualified person not in the government
service
who fills up a temporary vacancy, or grant honorarium to any qualified
official or employee designated to fill a temporary vacancy in a
concurrent
capacity, at the rate authorized by law;

(x) Provide a mechanism
and the appropriate funds therefor, to ensure the safety and protection
of all provincial government property, public documents, or records
such
as those relating to property inventory, land ownership, records of
births,
marriages, deaths, assessments, taxation, accounts, business permits,
and
such other records and documents of public interest in the offices and
departments of the provincial government; and cralaw

(xi) When the finances of
the provincial government allow, provide for additional allowances and
other benefits to judges, prosecutors, public elementary and high
school
teachers, and other national government officials stationed or assigned
to the province.cralaw

(2) Generate and maximize
the use of resources and revenues for the development plans, program
objectives
and priorities of the province as provided for under Section 18 of this
Code, with particular attention to agro-industrial development and
country-wide
growth and progress and relative thereto, shall:chanrobles virtual law library

(i) Enact the annual
and supplemental appropriations of the provincial government and
appropriate
funds for specific programs, projects, services and activities of the
province,
or for other purposes not contrary to law, in order to promote the
general
welfare of the province and its inhabitants;

(ii) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang panlalawigan, enact
ordinances
levying taxes, fees and charges, prescribing the rates thereof for
general
and specific purposes, and granting tax exemptions, incentives or
reliefs;

(iii) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang panlalawigan, authorize the
provincial governor to negotiate and contract loans and other forms of
indebtedness;

(iv) Subject to the
provisions of Book II of this Code and applicable laws and upon the
majority
vote of all the members of the sangguniang panlalawigan, enact
ordinances
authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;

(v) Appropriate funds
for the construction and maintenance or the rental of buildings for the
use of the province; and upon the majority vote of all the members of
the
sangguniang panlalawigan, authorize the provincial governor to lease to
private parties such public buildings held in a proprietary capacity,
subject
to existing laws, rules and regulations;

(vi) Prescribe reasonable
limits and restraints on the use of property within the jurisdiction of
the province;

(vii) Review the comprehensive
land use plans and zoning ordinances of component cities and
municipalities
and adopt a comprehensive provincial land use plan, subject to

(viii) Adopt measures to
enhance the full implementation of the national agrarian reform program
in coordination with the Department of Agrarian Reform;

(3) Subject to the
provisions of Book II of this Code, grant franchises, approve the
issuance
of permits or licenses, or enact ordinances levying taxes, fees and
charges
upon such conditions and for such purposes intended to promote the
general
welfare of the inhabitants of the province, and pursuant to this
legislative
authority, shall:chanrobles virtual law library

(i) Fix and impose
reasonable fees and charges for all services rendered by the provincial
government to private persons or entities; and cralaw

(ii) Regulate and fix
the license fees for such activities as provided for under this Code.cralaw

(4) Approve ordinances
which shall ensure the efficient and effective delivery of the basic
services
and facilities as provided for under Section 17 of this Code, and, in
addition
to said services and facilities, shall:chanrobles virtual law library

(i) Adopt measures
and safeguards against pollution and for the preservation of the
natural
ecosystem in the province, in consonance with approved standards on
human
settlements and environmental sanitation;

(ii) Subject to applicable
laws, facilitate or provide for the establishment and maintenance of a
waterworks system or district waterworks for supplying water to
inhabitants
of component cities and municipalities;

(iii) Subject
to the availability of funds and to existing laws, rules and
regulations,
provide for the establishment and operation of vocational and technical
schools and similar post-secondary institutions; and, with the approval
of the Department of Education, Culture and Sports and subject to
existing
laws on tuition fees, fix reasonable tuition fees and other school
charges
in educational institutions supported by the provincial government;

(iv) Establish a scholarship
fund for the poor but deserving students in schools located within its
jurisdiction or for students residing within the province;

(v) Approve measures and
adopt quarantine regulations to prevent the introduction and spread of
diseases within its territorial jurisdiction;

(vi) Provide for the
care of paupers, the aged, the sick, persons of unsound mind, abandoned
minors, abused children, disabled persons, juvenile delinquents, drug
dependents,
and other needy and disadvantaged persons, particularly children and
youth
below eighteen (18) years of age; subject to availability of funds,
establish
and support the operation of centers and facilities for said needy and
disadvantaged persons; and facilitate efforts to promote the welfare of
families below the poverty threshold, the disadvantaged, and the
exploited;

(vii) Establish and
provide for the maintenance and improvement of jails and detention
centers,
institute a sound jail management program, and appropriate funds for
the
subsistence of detainees and convicted prisoners in the province;

(viii) Establish a
provincial council whose purpose is the promotion of culture and the
arts,
coordinate with government agencies and non-governmental organizations
and, subject to the availability of funds, appropriate funds for the
support
and development of the same;

(ix) Establish a provincial
council for the elderly which shall formulate policies and adopt
measures
mutually beneficial to the elderly and to the province; and subject to
the availability of funds, appropriate funds to support programs and
projects
for the elderly; and provide incentives for non- governmental agencies
and entities to support the programs and projects of the elderly; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

(b) The members of
the sangguniang panlalawigan shall receive a minimum monthly
compensation
corresponding to Salary Grade twenty-seven (27) as prescribed under
R.A.
6758 and the implementing guidelines issued pursuant thereto.

TITLE FIVE. -
APPOINTIVE LOCAL
OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND PROVINCES

Article One. -
Secretary to
the Sanggunian

SEC. 469.
Qualifications,
Powers and Duties. - (a) There shall be a secretary to the
sanggunian
who shall be a career official with the rank and salary equal to a head
of department or office.

(b) No person shall
be appointed secretary to the sanggunian unless he is a citizen of the
Philippines, a resident of the local government unit concerned, of good
moral character, a holder of a college degree preferably in law,
commerce
or public administration from a recognized college or university, and a
first grade civil service eligible or its equivalent. The appointment
of
a secretary to the sanggunian is mandatory for provincial, city and
municipal
governments.cralaw

(c) The secretary to
the sanggunian shall take charge of the office of the secretary to the
sanggunian and shall:chanrobles virtual law library

(1) Attend meetings
of the sanggunian and keep a journal of its proceedings;

(2) Keep the seal of
the local government unit and affix the same with his signature to all
ordinances, resolutions, and other official acts of the sanggunian and
present the same to the presiding officer for his signature;

(3) Forward to the
governor or mayor, as the case may be, for approval, copies of
ordinances
enacted by the sanggunian and duly certified by the presiding officer,
in the manner provided in Section 54 under Book I of this Code;

(4) Forward to the
sanggunian panlungsod or bayan concerned, in the case of the
sangguniang
barangay, and to the sangguniang panlalawigan concerned, in the case of
the sangguniang panlungsod of component cities or sangguniang bayan,
copies
of duly approved ordinances, in the manner provided in Sections 56 and
57 under Book I of this Code;

(5) Furnish, upon request
of any interested party, certified copies of records of public
character
in his custody, upon payment to the treasurer of such fees as may be
prescribed
by ordinance;

(6) Record in a book
kept for the purpose, all ordinances and resolutions enacted or adopted
by the sanggunian, with the dates of passage and publication thereof;

(7) Keep his office
and all non-confidential records therein open to the public during the
usual business hours;

(8) Translate into
the dialect used by the majority of the inhabitants all ordinances and
resolutions immediately after their approval, and cause the publication
of the same together with the original version in the manner provided
under
this Code; and cralaw

(9) Take custody of the local
archives and, where applicable, the local library and annually account
for the same; and cralaw

(d) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance relative to his position.

Article Two- The
Treasurer

SEC. 470. Appointment,
Qualifications,
Powers, and Duties.- (a) The treasurer shall be appointed by the
Secretary
of Finance from a list of at least three (3) ranking, eligible
recommendees
of the governor or mayor, as the case may be, subject to civil service
law, rules and regulations.

(b) The treasurer shall
be under the administrative supervision of the governor or mayor, as
the
case may be, to whom he shall report regularly on the tax collection
efforts
in the local government unit;

(c) No person shall
be appointed treasurer unless he is a citizen of the Philippines, a
resident
of the local government unit concerned, of good moral character, a
holder
of a college degree preferably in commerce, public administration or
law
from a recognized college or university, and a first grade civil
service
eligible or its equivalent. He must have acquired experience in
treasury
or accounting service for at least five (5) years in the case of the
city
or provincial treasurer, and three (3) years in the case of the
municipal
treasurer. The appointment of a treasurer shall be mandatory for
provincial,
city and municipal governments;

(d) The treasurer shall
take charge of the treasury office, perform the duties provided for
under
Book II of this Code, and shall:chanrobles virtual law library

(1) Advise the governor
or mayor, as the case may be, the sanggunian, and other local
government
and national officials concerned regarding disposition of local
government
funds, and on such other matters relative to public finance;

(2) Take custody of
and exercise proper management of the funds of the local government
unit
concerned;

(3) Take charge of
the disbursement of all local government funds and such other funds the
custody of which may be entrusted to him by law or other competent
authority;

(4) Inspect private
commercial and industrial establishments within the jurisdiction of the
local government unit concerned in relation to the implementation of
tax
ordinances, pursuant to the provisions under Book II of this Code;

(5) Maintain and update
the tax information system of the local government unit;

(6) In the case of
the provincial treasurer, exercise technical supervision over all
treasury
offices of component cities and municipalities; and cralaw

(e) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

SEC. 471. Assistant Treasurer.
- (a) An assistant treasurer may be appointed by the Secretary of
Finance
from a list of at least three (3) ranking, eligible recommendees of the
governor or mayor, subject to civil service law, rules and regulations.cralaw

(b) No person shall be appointed
assistant treasurer unless he is a citizen of the Philippines, a
resident
of the local government unit concerned, of good moral character, a
holder
of a college degree preferably in commerce, public administration, or
law
from a recognized college or university, and a first grade civil
service
eligible or its equivalent. He must have acquired at least five (5)
years
experience in the treasury or accounting service in the case of the
city
or provincialassistant treasurer, and three (3) years in the case of
the
municipal assistant treasurer. The appointment of an assistant
treasurer
shall be optional for provincial, city and municipal governments;

(c) The assistant treasurer
shall assist the treasurer and perform such duties as the latter may
assign
to him. He shall have authority to administer oaths concerning notices
and notifications to those delinquent in the payment of the real
property
tax and concerning official matters relating to the accounts of the
treasurer
or otherwise arising in the offices of the treasurer and the assessor.

Article Three. - The
Assessor

SEC. 472
Qualifications,
Powers and Duties. - (a) No person shall be appointed assessor
unless
he is a citizen of the Philippines, a resident of the local government
unit concerned, of good moral character, a holder of a college degree
preferably
in civil or mechanical engineering, commerce, or any other related
course
from a recognized college or university, and a first grade civil
service
eligible or its equivalent. He must have acquired experience in real
property
assessment work or in any related field for at least five (5) years in
the case of the city or provincial assessor, and three (3) years in the
case of the municipal assessor. The appointment of an assessor shall be
mandatory for provincial, city and municipal governments.

(b) The assessor shall
take charge of the assessor's office, perform the duties provided for
under
Book II of this Code, and shall:chanrobles virtual law library

(1) Ensure that all
laws and policies governing the appraisal and assessment of real
properties
for taxation purposes are properly executed;

(2) Initiate, review,
and recommend changes in policies and objectives, plans and programs,
techniques,
procedures and practices in the valuation and assessment of real
properties
for taxation purposes;

(5) Prepare, install
and maintain a system of tax mapping, showing graphically all property
subject to assessment and gather all data concerning the same;

(6) Conduct frequent
physical surveys to verify and determine whether all real properties
within
the province are properly listed in the assessment rolls;

(7) Exercise the functions
of appraisal and assessment primarily for taxation purposes of all real
properties in the local government unit concerned;

(8) Prepare a schedule
of the fair market value for the different classes of real properties,
in accordance with Title Two under Book II of this Code;

(9) Issue, upon request
of any interested party, certified copies of assessment records of real
property and all other records relative to its assessment, upon payment
of a service charge or fee to the treasurer;

(10) Submit every semester
a report of all assessments, as well as cancellations and modifications
of assessments to the local chief executive and the sanggunian
concerned;

(11) In the case of
the assessor of a component city or municipality attend, personally or
through an authorized representative, all sessions of the local board
of
assessment appeals whenever his assessment is the subject of the
appeal,
and present or submit any information or record in his possession as
may
be required by the board; and,

(12) In the case of
the provincial assessor, exercise technical supervision and visitorial
functions over all component city and municipal assessors, coordinate
with
component city or municipal assessors in the conduct of tax mapping
operations
and all other assessment activities, and provide all forms of
assistance
therefor: Provided, however, That, upon full provision by the component
city or municipality concerned to its assessor's office of the minimum
personnel , equipment, and funding requirements as may be prescribed by
the Secretary of Finance, such functions shall be delegated to the said
city or municipal assessor; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

SEC. 473. Assistant Assessor.
- (a) No person shall be appointed assistant assessor unless he is a
citizen
of the Philippines, a resident of the local government unit concerned,
of good moral character, a holder of a college degree preferably in
civil
or mechanical engineering, commerce, or any related course from a
recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in assessment or in any
related
field for at least three (3) years in the case of the city or
provincial
assistant assessor, and one (1) year in the case of the city or
provincial
assistant assessor. The appointment of an assistant assessor shall be
optional
for provincial, city and municipal governments.cralaw

(b) The assistant assessor
shall assist the assessor and perform such other duties as the latter
may
assign to him. He shall have the authority to administer oaths on all
declarations
of real property for purposes of assessment.

Article Four. - The
Accountant

SEC. 474. Qualifications,
Powers and Duties. - (a) No person shall be appointed accountant
unless
he is a citizen of the Philippines, a resident of the local government
unit concerned, of good moral character, and a certified public
accountant.
He must have acquired experience in the treasury or accounting service
for at least five (5) years in the case of the provincial or city
accountant,
and three (3) years in the case of the municipal accountant. The
appointment
of an accountant is mandatory for the provincial, city and municipal
governments.

(b) The accountant
shall take charge of both the accounting and internal audit services of
the local government unit concerned and shall:chanrobles virtual law library

(1) Install and maintain
an internal audit system in the local government unit concerned;

(2) Prepare and submit
financial statements to the governor or mayor, as the case may be, and
to the sanggunian concerned;

(3) Apprise the sanggunian
and other local government officials on the financial condition and
operations
of the local government unit concerned;

(4) Certify to the
availability of budgetary allotment to which expenditures and
obligations
may be properly charged;

(5) Review supporting
documents before preparation of vouchers to determine completeness of
requirements;

(6) Prepare statements
of cash advances, liquidation, salaries, allowances, reimbursements and
remittances pertaining to the local government unit;

(7) Prepare statements
of journal vouchers and liquidation of the same and other adjustments
related
thereto;

(9) Maintain individual
ledgers for officials and employees of the local government unit
pertaining
to payrolls and deductions;

(10) Record and post
in index cards details of purchased furniture, fixtures, and equipment,
including disposal thereof, if any;

(11) Account for all
issued requests for obligations and maintain and keep all records and
reports
related thereto;

(12) Prepare journals
and the analysis of obligations and maintain and keep all records and
reports
related thereto; and cralaw

(13) Exercise such
other powers and perform such other duties and functions as may be
provided
by law or ordinance.cralaw

(c) The incumbent chief accountant
in the office of the treasurer shall be given preference in the
appointment
to the position of accountant.

Article Five. - The
Budget Officer

SEC. 475.
Qualifications,
Powers and Duties. - (a) No person shall be appointed budget
officer
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
preferably
in accounting, economics, public administration or any related course
from
a recognized college or university, and a first grade civil service
eligible
or its equivalent. He must have acquired experience in government
budgeting
or in any related field for at least five (5) years in the case of the
provincial or city budget officer, and at least three (3) years in the
case of the municipal budget officer. The appointment of a budget
officer
shall be mandatory for the provincial, city, and municipal governments.
(b) The budget officer shall take charge of the budget office and shall:chanroblesvirtuallawlibrary

(1) Prepare forms,
orders, and circulars embodying instructions on budgetary and
appropriation
matters for the signature of the governor or mayor, as the case may be;

(2) Review and consolidate
the budget proposals of different departments and offices of the local
government unit;

(3) Assist the governor
or mayor, as the case may be, in the preparation of the budget and
during
budget hearings;

(5) Submit periodic
budgetary reports to the Department of Budget and Management; (6)
Coordinate
with the treasurer, accountant, and the planning and development
coordinator
for the purpose of budgeting;

(7) Assist the sanggunian
concerned in reviewing the approved budgets of component local
government
units;

(8) Coordinate with the planning
and development coordinator in the formulation of the local government
unit development plan; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.cralaw

(d) The appropriations
for personal services of the budget officer provided under the
Department
of Budget and Management shall, upon effectivity of this Code, be
transferred
to the local government unit concerned. Thereafter, the appropriations
for personal services of the budget officer shall be provided for in
full
in the budget of the local government unit.

Article Six. - The
Planning
and Development Coordinator

SEC. 476. Qualifications,
Powers and Duties. - (a) No person shall be appointed planning and
development coordinator unless he is a citizen of the Philippines, a
resident
of the local government unit concerned, of good moral character, a
holder
of a college degree preferably in urban planning, development studies,
economics, public administration, or any related course from a
recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in development planning or
in any related field for at least five (5) years in the case of the
provincial
or city planning and development coordinator, and three (3) years in
the
case of the municipal planning and development coordinator. The
appointment
of a planning and development coordinator shall be mandatory for
provincial,
city and municipal governments.

(b) The planning and
development coordinator shall take charge of the planning and
development
office and shall:chanrobles virtual law library

(1) Formulate integrated
economic, social, physical, and other development plans and policies
for
consideration of the local government development council;

(3) Integrate and coordinate
all sectoral plans and studies undertaken by the different functional
groups
or agencies;

(4) Monitor and evaluate
the implementation of the different development programs, projects, and
activities in the local government unit concerned in accordance with
the
approved development plan;

(5) Prepare comprehensive
plans and other development planning documents for the consideration of
the local development council;

(6) Analyze the income
and expenditure patterns, and formulate and recommend fiscal plans and
policies for consideration of the finance committee of the local
government
unit concerned as provided under Title Five, Book II of this Code;

(7) Promote people
participation in development planning within the local government unit
concerned;

(8) Exercise supervision
and control over the secretariat of the local development council; and cralaw

(c) Exercise such other
powers and perform such other functions and duties as may be prescribed
by law or ordinance.

Article Seven. - The
Engineer

SEC. 477. Qualifications,
Powers and Duties. - (a) No person shall be appointed engineer
unless
he is a citizen of the Philippines, a resident of the local government
unit concerned, of good moral character, and a licensed civil engineer.
He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city engineer,
and three (3) years in the case of the municipal engineer. The
appointment
of an engineer shall be mandatory for the provincial, city, and
municipal
governments. The city and municipal engineer shall also act as the
local
building official.

(b) The engineer shall
take charge of the engineering office and shall:chanrobles virtual law library

(1) Initiate, review
and recommend changes in policies and objectives, plans and programs,
techniques,
procedures and practices in infrastructure development and public works
in general of the local government unit concerned;

(2) Advise the governor
or mayor, as the case may be, on infrastructure, public works, and
other
engineering matters;

(3) Administer, coordinate,
supervise, and control the construction, maintenance, improvement, and
repair of roads, bridges, and other engineering and public works
projects
of the local government unit concerned;

(4) Provide engineering
services to the local government unit concerned, including
investigation
and survey, engineering designs, feasibility studies, and project
management;

(5) In the case of
the provincial engineer, exercise technical supervision over all
engineering
offices of component cities and municipalities; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Eight. - The
Health
Officer

SEC. 478.
Qualifications,
Powers and Duties. - (a) No person shall be appointed health
officer
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, and a licensed medical
practitioner.
He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city health
officer,
and three (3) years in the case of the municipal health officer. The
appointment
of a health officer shall be mandatory for provincial, city and
municipal
governments.

(b) The health officer
shall take charge of the office on health and shall:chanrobles virtual law library

(1) Take charge of
the office on health services, supervise the personnel and staff of
said
office, formulate program implementation guidelines and rules and
regulations
for the operation of the said office for the approval of the governor
or
mayor, as the case may be, in order to assist him in the efficient,
effective
and economical implementation of a health services program geared to
implementation
of health-related projects and activities;

(2) Formulate measures
for the consideration of the sanggunian and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
activities to ensure the delivery of basic services and provision of
adequate
facilities relative to health services provided under Section 17 of
this
Code;

(3) Develop plans and
strategies and upon approval thereof by the governor or mayor as the
case
may be, implement the same, particularly those which have to do with
health
programs and projects which the governor or mayor, is empowered to
implement
and which the sanggunian is empowered to provide for under this Code;

(4) In addition to
the foregoing duties and functions, the health officer shall :chanrobles virtual law library

(i) Formulate and implement
policies, plans, programs and projects to promote the health of the
people
in the local government unit concerned;

(ii) Advise the governor
or mayor, as the case may be, and the sanggunian on matters pertaining
to health;

(iii) Execute and enforce
all laws, ordinances and regulations relating to public health;

(iv) Recommend to the
sanggunian, through the local health board, the passage of such
ordinances
as he may deem necessary for the preservation of public health;

(v) Recommend the prosecution
of any violation of sanitary laws, ordinances or regulations;

(vi) Direct the sanitary
inspection of all business establishments selling food items or
providing
accommodations such as hotels, motels, lodging houses, pension houses,
and the like, in accordance with the Sanitation Code;

(viii) Coordinate with
other government agencies and non-governmental organizations involved
in
the promotion and delivery of health services; and cralaw

(ix) In the case of
the provincial health officer, exercise general supervision over health
officers of component cities and municipalities; and cralaw

(5) Be in the frontline
of health services delivery, particularly during and in the aftermath
of
man-made and natural disasters and calamities; and cralaw

(c) Exercise such other powers
and perform such other duties and functions as may be prescribed by law
or ordinance.

Article Nine. - The
Civil Registrar

SEC. 479. Qualifications,
Powers and Duties. - (a) No person shall be appointed civil
registrar
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
from
a recognized college or university, and a first grade civil service
eligible
or its equivalent. He must have acquired experience in civil registry
work
for at least five (5) years in the case of the city civil registrar and
three (3) years in the case of the municipal civil registrar. The
appointment
of a civil registrar shall be mandatory for city and municipal
governments.

(b) The civil registrar
shall be responsible for the civil registration program in the local
government
unit concerned, pursuant to the Civil Registry Law, the Civil Code, and
other pertinent laws, rules and regulations issued to implement them.cralaw

(c) The Civil Registrar
shall take charge of the office of the civil registry and shall:chanrobles virtual law library

(1) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
civil
registry programs and projects which the mayor is empowered to
implement
and which the sanggunian is empowered to provide for under this Code;

(2) In addition to
the foregoing duties and functions, the civil registrar shall:chanrobles virtual law library

(ii) File, keep and
preserve in a secure place the books required by law;

(iii)Transcribe and
enter immediately upon receipt all registrable documents and judicial
decrees
affecting the civil status of persons in the appropriate civil registry
books;

(iv) Transmit to the
Office of the Civil Registrar- General, within the prescribed period,
duplicate
copies of registered documents required by law;

(v) Issue certified
transcripts or copies of any certificate or registered documents upon
payment
of the prescribed fees to the treasurer;

(vi) Receive applications
for the issuance of a marriage license and, after determining that the
requirements and supporting certificates and publication thereof for
the
prescribed period have been complied with, issue the license upon
payment
of the authorized fee to the treasurer;

(vii)Coordinate with
the National Statistics Office in conducting educational campaigns for
vital registration and assist in the preparation of demographic and
other
statistics for the local government unit concerned; and cralaw

(3) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Ten. - The
Administrator

SEC. 480. Qualifications,
Term, Powers and Duties. - (a) No person shall be appointed
administrator
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
preferably
in public administration, law, or any other related course from a
recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in management and
administration
work for at least five (5) years in the case of the provincial or city
administrator, and three (3) years in the case of the municipal
administrator.
The term of administrator is coterminous with that of his appointing
authority.
The appointment of an administrator shall be mandatory for the
provincial
and city governments, and optional for the municipal government.

(b) The administrator
shall take charge of the office of the administrator and shall:chanrobles virtual law library

(1) Develop plans and strategies
and upon approval thereof by the governor or mayor, as the case may be,
implement the same particularly those which have to do with the
management
and administration-related programs and projects which the governor or
mayor is empowered to implement and which the sanggunian is empowered
to
provide for under this Code;

(2) In addition to
the foregoing duties and functions, the administrator shall:chanrobles virtual law library

(i) Assist in the coordination
of the work of all the officials of the local government unit, under
the
supervision, direction, and control of the governor or mayor, and for
this
purpose, he may convene the chiefs of offices and other officials of
the
local government unit;

(ii) Establish and
maintain a sound personnel program for the local government unit
designed
to promote career development and uphold the merit principle in the
local
government service;

(iii) Conduct a continuing
organizational development of the local government unit with the end in
view of instituting effective administrative reforms;

(3) Be in the frontline
of the delivery of administrative support services, particularly those
related to the situations during and in the aftermath of man-made and
natural
disasters and calamities;

(4) Recommend to the
sanggunian and advise the governor and mayor, as the case may be, on
all
other matters relative to the management and administration of the
local
government unit; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Eleven. - The
Legal
Officer

SEC. 481. Qualifications,
Term, Powers and Duties. - (a) No person shall be appointed legal
officer
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, and a member of the Philippine
Bar. He must have practiced his profession for at least five (5) years
in the case of the provincial and city legal officer, and three (3)
years
in the case of the municipal legal officer. The term of the legal
officer
shall be coterminous with that of his appointing authority. The
appointment
of legal officer shall be mandatory for the provincial and city
governments
and optional for the municipal government.

(b) The legal officer,
the chief legal counsel of the local government unit, shall take charge
of the office of legal services and shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian and provide legal assistance
and
support to the governor or mayor, as the case may be, in carrying out
the
delivery of basic services and provisions of adequate facilities as
provided
for under Section 17 of this Code;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
programs
and projects related to legal services which the governor or mayor is
empowered
to implement and which the sanggunian is empowered to provide for under
this Code.cralaw

(3) In addition to
the foregoing duties and functions, the legal officer shall:chanrobles virtual law library

(i) Represent the local
government unit in all civil actions and special proceedings wherein
the
local government unit or any official thereof, in his official
capacity,
is a party: Provided, That, in actions or proceedings where a component
city or municipality is a party adverse to the provincial government or
to another component city or municipality, a special legal officer may
be employed to represent the adverse party;

(ii) When required
by the governor, mayor or sanggunian, draft ordinances, contracts,
bonds,
leases and other instruments, involving any interest of the local
government
unit; and provide comments and recommendations on any instruments
already
drawn;

(iii) Render his opinion
in writing on any question of law when requested to do so by the
governor,
mayor, or sanggunian;

(iv) Investigate or
cause to be investigated any local official or employee for
administrative
neglect or misconduct in office, and recommend appropriate action to
the
governor, mayor or sanggunian, as the case may be;

(v) Investigate or
cause to be investigated any person, firm or corporation holding any
franchise
or exercising any public privilege for failure to comply with any term
or condition in the grant of such franchise or privilege, and
recommending
appropriate action to the governor, mayor or sanggunian, as the case
may
be;

(vi) When directed
by the governor, mayor, or sanggunian, initiate and prosecute in the
interest
of the local government unit concerned any civil action on any bond,
lease
or other contract upon any breach or violation thereof; and cralaw

(3) Recommend measures
to the sanggunian and advise the governor or mayor as the case may be
on
all other matters related to upholding the rule of law ;

(4) Be in the frontline
of protecting human rights and prosecuting any violations thereof,
particularly
those which occur during and in the aftermath of man-made or natural
disasters
or calamities; and cralaw

(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Twelve. - The
Agriculturist

SEC. 482.
Qualifications,
Powers and Duties. - (a) No person shall be appointed agriculturist
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
in
agriculture or any related course from a recognized college or
university,
and a first grade civil service eligible or its equivalent. He must
have
practiced his profession in agriculture or acquired experience in a
related
field for at least five (5) years in the case of the provincial and
city
agriculturist, and three (3) years in the case of the municipal
agriculturist.
The position of the agriculturist shall be mandatory for the provincial
government and optional for the city and municipal governments.

(b) The agriculturist
shall take charge of the office for agricultural services, and shall:chanrobles virtual law library

(1) Formulate measures
for the approval of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out
said
measures to ensure the delivery of basic services and provision of
adequate
facilities relative to agricultural services as provided for under
Section
17 of this Code;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
agricultural
programs and projects which the governor or mayor is empowered to
implement
and which the sanggunian us empowered to provide for under this Code;

(3) In addition to
the foregoing duties and functions, the agriculturist shall:chanrobles virtual law library

(i) Ensure that maximum
assistance and access to resources in the production, processing and
marketing
of agricultural and aqua-cultural and marine products are extended to
farmers,
fishermen and local entrepreneurs;

(ii) Conduct or cause
to be conducted location-specific agricultural researches and assist in
making available the appropriate technology arising out of and
disseminating
information on basic research on crops, preventive and control of plant
diseases and pests, and other agricultural matters which will maximize
productivity;

(iii) Assist the governor
or mayor, as the case may be, in the establishment and extension
services
of demonstration farms or aqua-culture and marine products;

(iv) Enforce rules
and regulations relating to agriculture and aquaculture;

(v) Coordinate with
government agencies and non- governmental organizations which promote
agricultural
productivity through appropriate technology compatible with
environmental
integrity;

(4) Be in the frontline
of delivery of basic agricultural services, particularly those needed
for
the survival of the inhabitants during and in the aftermath of man-made
and natural disasters; (5) Recommend to the sanggunian and advise the
governor
or mayor, as the case may be, on all other matters related to
agriculture
and aqua-culture which will improve the livelihood and living
conditions
of the inhabitants; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Thirteen. -
The Social
Welfare and Development Officer

SEC. 483.
Qualifications,
Powers and Duties. - (a) No person shall be appointed social
welfare
and development officer unless he is a citizen of the Philippines, a
resident
of the local government unit concerned, of good moral character, a duly
licensed social worker or a holder of a college degree preferably in
sociology
or any other related course from a recognized college or university,
and
a first grade civil service eligible or its equivalent. He must have
acquired
experience in the practice of social work for at least five (5) years
in
the case of the provincial or city social welfare and development
officer,
and three (3) years in the case of the municipal social welfare and
development
officer. The appointment of a social welfare and development officer is
mandatory for provincial and city governments, and optional for
municipal
government.

(b) The social welfare
and development officer shall take charge of the office on social
welfare
and development services and shall:chanrobles virtual law library

(1) Formulate measures
for the approval of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out
measures
to ensure the delivery of basic services and provision of adequate
facilities
relative to social welfare and development services as provided for
under
Section 17 of this Code;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same particularly those which have to do with
social
welfare programs and projects which the governor or mayor is empowered
to implement and which the sanggunian is empowered to provide for under
this Code;

(3) In addition to
the foregoing duties, the social welfare and development officer shall:chanrobles virtual law library

(i) Identify the basic needs
of the needy, the disadvantaged and the impoverished and develop and
implement
appropriate measures to alleviate their problems and improve their
living
conditions;

(ii) Provide relief
and appropriate crisis intervention for victims of abuse and
exploitation
and recommend appropriate measures to deter further abuse and
exploitation;

(iii) Assist the governor
or mayor, as the case may be, in implementing the barangay level
program
for the total development and protection of children up to six (6)
years
of age;

(iv) Facilitate the
implementation of welfare programs for the disabled, elderly, and
victims
of drug addiction, the rehabilitation of prisoners and parolees, the
prevention
of juvenile delinquency and such other activities which would eliminate
or minimize the ill-effects of poverty;

(v) Initiate and support
youth welfare programs that will enhance the role of the youth in
nation-building;

(vi) Coordinate with
government agencies and non- governmental organizations which have for
their purpose the promotion and the protection of all needy,
disadvantaged,
underprivileged or impoverished groups or individuals, particularly
those
identified to be vulnerable and high-risk to exploitation, abuse and
neglect;

(4) Be in the frontline
of service delivery, particularly those which have to do with immediate
relief during and assistance in the aftermath of man-made and natural
disaster
and natural calamities;

(5) Recommend to the
sanggunian and advise the governor or mayor, as the case may be, on all
other matters related to social welfare and development services which
will improve the livelihood and living conditions of the inhabitants; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Fourteen. -
The Environment
and Natural Resources Officer

SEC. 484. Qualifications,
Powers and Duties. - (a) No person shall be appointed environment
and
natural resources officer unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral
character,
a holder of a college degree preferably in environment, forestry,
agriculture
or any related course from a recognized college or university, and a
first
grade civil service eligible or its equivalent. He must have acquired
experience
in environmental and natural resources management, conservation, and
utilization,
of at least five (5) years in the case of the provincial or city
environment
and natural resources officer, and three (3) years in the case of the
municipal
environment and natural resources officer. The appointment of the
environment
and natural resources officer is optional for provincial, city, and
municipal
governments.

(b) The environment
and natural resources management officer shall take charge of the
office
on environment and natural resources and shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the delivery of basic services and provision of
adequate
facilities relative to environment and natural resources services as
provided
for under Section 17 of this Code;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
environment
and natural resources programs and projects which the governor or mayor
is empowered to implement and which the sanggunian is empowered to
provide
for under this Code;

(3) In addition to
the foregoing duties and functions, the environment and natural
resources
officer shall:chanrobles virtual law library

(vi) Coordinate with
government agencies and non- governmental organizations in the
implementation
of measures to prevent and control land, air and water pollution with
the
assistance of the Department of Environment and Natural Resources;

(4) Be in the frontline
of the delivery of services concerning the environment and natural
resources,
particularly in the renewal and rehabilitation of the environment
during
and in the aftermath of man-made and natural calamities and disasters;

(5) Recommend to the
sanggunian and advise the governor or mayor, as the case may be, on all
matters relative to the protection, conservation, maximum utilization,
application of appropriate technology and other matters related to the
environment and natural resources; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Fifteen - The
Architect

SEC. 485. Qualifications,
Powers and Duties. - (a) No person shall be appointed architect
unless
he is a citizen of the Philippines, a resident of the local government
unit concerned, of good moral character, a duly licensed architect. He
must have practiced his profession for at least five (5) years in the
case
of the provincial or city architect, and three (3) years in the case of
the municipal architect. The appointment of the architect is optional
for
provincial, city and municipal governments.

(b) The architect shall
take charge of the office on architectural planning and design and
shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the delivery of basic services and provision of
adequate
facilities relative to architectural planning and design as provided
for
under Section 17 of this Code;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
architectural
planning and design programs and projects which the governor or mayor
is
empowered to implement and which the sanggunian is empowered to provide
for under this Code;

(3) In addition to
foregoing duties and functions, the architect shall:chanrobles virtual law library

(i) Prepare and recommend
for consideration of the sanggunian the architectural plan and design
for
the local government unit or a part thereof, including the renewal of
slums
and blighted areas, land reclamation activities, the greening of land,
and appropriate planning of marine and for esh ore are as;

(ii) Review and recommend
for appropriate action of the sanggunian, governor or mayor, as the
case
may be, the architectural plans and design submitted by governmental
and
non-governmental entities or individuals, particularly those for
undeveloped,
underdeveloped, and poorly-designed areas; and cralaw

(iii) Coordinate with government
and non-government entities and individuals involved in the aesthetics
and the maximum utilization of the land and water within the
jurisdiction
of the local government unit, compatible with environmental integrity
and
ecological balance.cralaw

(4) Be in the frontline
of the delivery of services involving architectural planning and
design,
particularly those related to the redesigning of spatial distribution
of
basic facilities and physical structures during and in the aftermath of
man-made and natural calamities and disasters;

(5) Recommend to the
sanggunian and advise the governor or mayor, as the case may be, on all
other matters relative to the architectural planning and design as it
relates
to the total socioeconomic development of the local government unit; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Sixteen.
- The
Information Officer

SEC. 486.
Qualifications,
Powers and Duties. - (a) No person shall be appointed information
officer
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
preferably
in journalism, mass communication or any related course from a
recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have experience in writing articles and research
papers,
or in writing for print, television or broadcast media of at least
three
(3) years in the case of the provincial or city information officer,
and
at least one (1) year in the case of municipal information officer. The
appointment of the information officer is optional for the provincial,
city and municipal governments. The term of the information officer is
co-terminous with that of his appointing authority.

(b) The information
officer shall take charge of the office on public information and shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian and provide technical
assistance
and support to the governor or mayor, as the case may be, in providing
the information and research data required for the delivery of basic
services
and provision of adequate facilities so that the public becomes aware
of
said services and may fully avail of the same;

(2) Develop plans and
strategies and, upon approval thereof by the governor or mayor, as the
case may be, implement the same, particularly those which have to do
with
public information and research data to support programs and projects
which
the governor or mayor is empowered to implement and which the
sanggunian
is empowered to provide for under this Code;

(3) In addition to
the foregoing duties and functions, the information officer shall:chanrobles virtual law library

(i) Provide relevant,
adequate, and timely information to the local government unit and its
residents;

(ii) Furnish information
and data on local government units to government agencies or offices as
may be required by law or ordinance; and non-governmental organizations
to be furnished to said agencies and organizations;

(iii) Maintain effective
liaison with the various sectors of the community on matters and issues
that affect the livelihood and the quality of life of the inhabitants
and
encourage support for programs of the local and national government;

(4) Be in the frontline
in providing information during and in the aftermath of manmade and
natural
calamities and disasters, with special attention to the victims
thereof,
to help minimize injuries and casualties during and after the
emergency,
and to accelerate relief and rehabilitation;

(5) Recommend to the
sanggunian and advise the governor or mayor, as the case may be, on all
other matters relative to public information and research data as it
relates
to the total socioeconomic development of the local government unit; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Seventeen. -
The Cooperatives
Officer

SEC. 487.
Qualifications,
Powers and Duties. - (a) No person shall be appointed cooperative
officer
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
preferably
in business administration with special training in cooperatives or any
related course from a recognized college or university, and a first
grade
civil service eligible or its equivalent. He must have experience in
cooperatives
organization and management of at least five (5) years in the case of
the
provincial or city cooperatives officer, and three (3) years in the
case
of municipal cooperatives officer. The appointment of the cooperatives
officer is optional for the provincial and city governments.

(b) The cooperatives
officer shall take charge of the office for the development of
cooperatives
and shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian, and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the delivery of basic services and provision of
facilities
through the development of cooperatives, and in providing access to
such
services and facilities;

(2) Develop plans and
strategies and, upon approval thereof by the governor or mayor, as the
case may be, implement the same, particularly those which have to do
with
the integration of cooperatives principles and methods in programs and
projects which the governor or mayor is empowered to implement and
which
the sanggunian is empowered to provide for under this Code;

(3) In addition to
the foregoing duties and functions, the cooperatives officer shall:chanrobles virtual law library

(i) Assist in the organization
of cooperatives;

(ii) Provide technical
and other forms of assistance to existing cooperatives to enhance their
viability as an economic enterprise and social organization;

(iii) Assist cooperatives
in establishing linkages with government agencies and non-government
organizations
involved in the promotion and integration of the concept of
cooperatives
in the livelihood of the people and other community activities;

(4) Be in the frontline
of cooperatives organization, rehabilitation or viability-enhancement,
particularly during and in the aftermath of man-made and natural
calamities
and disasters, to aid in their survival and, if necessary subsequent
rehabilitation;

(5) Recommend to the
sanggunian, and advise the governor or mayor, as the case may be, on
all
other matters relative to cooperatives development and viability-
enhancement
which will improve the livelihood and quality of life of the
inhabitants; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Eighteen. -
The Population
Officer

SEC. 488. Qualifications,
Powers and Duties. - (a) No person shall be appointed population
officer
unless he is a citizen of the Philippines, a resident of the local
government
unit concerned, of good moral character, a holder of a college degree
with
specialized training in population development from a recognized
college
or university, and a first grade civil service eligible or its
equivalent.
He must have experience in the implementation of programs on population
development or responsible parenthood for at least five (5) years in
the
case of the provincial or city population officer and three (3) years
in
the case of the municipal population officer.

The appointment of
a population officer shall be optional in the local government unit:
Provided,
however, That provinces and cities which have existing population
offices
shall continue to maintain such offices for a period of five (5) years
from the date of effectivity of this Code, after which said offices
shall
become optional.cralaw

(b) The population
officer shall take charge of the office on population development and
shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the delivery of basic services and provision of
adequate
facilities relative to the integration of the population development
principles
and in providing access to said services and facilities;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
the
integration of population development principles and methods in
programs
and projects which the governor or mayor is empowered to implement and
which the sanggunian is empowered to provide for under this Code;

(3) In addition to
the foregoing duties and functions, the population officer shall:chanrobles virtual law library

(i) Assist the governor
or mayor, as the case may be, in the implementation of the
Constitutional
provisions relative to population development and the promotion of
responsible
parenthood;

(ii) Establish and
maintain an updated data bank for program operations, development
planning
and an educational program to ensure the people's participation in and
understanding of population development;

(iii) Implement appropriate
training programs responsive to the cultural heritage of the
inhabitants; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Nineteen. -
The Veterinarian

SEC. 489.
Qualifications,
Powers and Duties. - (a) No person shall be appointed veterinarian
unless he is a citizen of the Philippines, a resident of the local
government
concerned, of good moral character, a licensed doctor of veterinary
medicine.
He must have practiced his profession for at least three (3) years in
the
case of provincial or city veterinarian and at least one (1) year in
the
case of the municipal veterinarian. The appointment of a veterinarian
officer
is mandatory for the provincial and city governments.

(b) The veterinarian
shall take charge of the office for veterinary services and shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian, and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the delivery of basic services and provision of
adequate
facilities pursuant to Section 17 of this Code;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
the
veterinary-related activities which the governor or mayor is empowered
to implement and which the sanggunian is empowered to provide for under
this Code;

(3) In addition to
the foregoing duties and functions, the veterinarian shall:chanrobles virtual law library

(i) Advise the governor
or the mayor, as the case may be, on all matters pertaining to the
slaughter
of animals for human consumption and the regulation of slaughterhouses;

(ii) Regulate the keeping
of domestic animals;

(iii) Regulate and inspect
poultry, milk and dairy products for public consumption;

(iv) Enforce all laws
and regulations for the prevention of cruelty to animals; and cralaw

(v) Take the necessary
measures to eradicate, prevent or cure all forms of animal diseases;

(4) Be in the frontline
of veterinary related activities, such as in the outbreak of
highly-contagious
and deadly diseases, and in situations resulting in the depletion of
animals
for work and human consumption, particularly those arising from and in
the aftermath of man-made and natural calamities and disasters;

(5) Recommend to the
sanggunian and advise the governor or mayor, as the case may be, on all
other matters relative to veterinary services which will increase the
number
and improve the quality of livestock, poultry and other domestic
animals
used for work or human consumption; and cralaw

(c) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.

Article Twenty. - The
General
Services Officer

SEC. 490.
Qualifications,
Powers and Duties. - (a) No person shall be appointed general
services
officer unless he is a citizen of the Philippines, a resident of the
local
government unit concerned, of good moral character, a holder of a
college
degree on public administration, business administration and management
from a recognized college or university, and a first grade civil
service
eligible or its equivalent. He must have acquired experience in general
services, including management of supply, property, solid waste
disposal,
and general sanitation, of at least five (5) years in the case of the
provincial
or city general services officer, and at least three (3) years in the
case
of the municipal general services officer. The appointment of a general
services officer is mandatory for the provincial and city governments.

(b) The general services
officer shall take charge of the office on general services and shall:chanrobles virtual law library

(1) Formulate measures
for the consideration of the sanggunian and provide technical
assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the delivery of basic services and provision of
adequate
facilities pursuant to Section 17 of this Code and which require
general
services expertise and technical support services;

(2) Develop plans and
strategies and upon approval thereof by the governor or mayor, as the
case
may be, implement the same, particularly those which have to do with
the
general services supportive of the welfare of the inhabitants which the
governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under this Code;

(3) In addition to
the foregoing duties and functions, the general services officer shall:chanrobles virtual law library

(i) Take custody of
and be accountable for all properties, real or personal, owned by the
local
government unit and those granted to it in the form of donation,
reparation,
assistance and counterpart of joint projects;

(ii) With the approval
of the governor or mayor, as the case may be, assign building or land
space
to local officials or other public officials, who by law, are entitled
to such space;

(iii) Recommend to
the governor or mayor, as the case may be, the reasonable rental rates
for local government properties, whether real or personal, which will
be
leased to public or private entities by the local government;

(iv) Recommend to the
governor or mayor, as the case may be, reasonable rental rates of
private
properties which may be leased for the official use of the local
government
unit;

(v) Maintain and supervise
janitorial, security, landscaping and other related services in all
local
government public buildings and other real property, whether owned or
leased
by the local government unit;

(vi) Collate and disseminate
information regarding prices, shipping and other costs of supplies and
other items commonly used by the local government unit;

(vii) Perform archival
and record management with respect to records of offices and
departments
of the local government unit; and cralaw

(viii) Perform all
other functions pertaining to supply and property management heretofore
performed by the local government treasurer; and enforce policies on
records
creation, maintenance, and disposal;

(4) Be in the frontline
of general services related activities, such as the possible or
imminent
destruction or damage to records, supplies, properties, and structures
and the orderly and sanitary clearing up of waste materials or debris,
particularly during and in the aftermath of man-made and natural
calamities
and disasters;

(5) Recommend to the
sanggunian and advise the governor or mayor, as the case may be, on all
other matters relative to general services; and cralaw

(c) Exercise such other powers
and perform such other duties and functions as may be prescribed by law
or ordinance.

TITLE SIX. - LEAGUES
OF LOCAL
GOVERNMENT UNITS AND ELECTIVE OFFICIALS

CHAPTER I - LEAGUES
OF LOCAL
GOVERNMENT UNITS

Article One. - Liga ng
Mga Barangay

SEC. 491. Purpose of
Organization.
- There shall be an organization of all barangays to be known as the
liga
ng mga barangay for the primary purpose of determining the
representation
of the Liga in the sanggunians, and for ventilating, articulating and
crystallizing
issues affecting barangay government administration and securing,
through
proper and legal means, solutions thereto.

SEC. 492. Representation,
Chapters, National Liga. - Every barangay shall be represented in
said
liga by the punong barangay, or in his absence or incapacity, by a
sanggunian
member duly elected for the purpose among its members, who shall attend
all meetings or deliberations called by the different chapters of the
liga.
The liga shall have chapters at the municipal, city, provincial and
metropolitan
political subdivision levels. The municipal and city chapters of the
liga
shall be composed of the barangay representatives of municipal and city
barangays, respectively. The duly elected presidents of component
municipal
and city chapters shall constitute the provincial chapter or the
metropolitan
political subdivision chapter. The duly elected presidents of
highly-urbanized
cities, provincial chapters, the Metropolitan Manila chapter and
metropolitan
political subdivision chapters shall constitute the National Liga ng
mga
Barangay.cralaw

SEC. 493. Organization.
- The liga at the municipal, city, provincial, metropolitan political
subdivision,
and national levels directly elect a president, a vice- president, and
five (5) members of the board of directors. The board shall appoint its
secretary and treasurer and create such other positions as it may deem
necessary for the management of the chapter. A secretary-general shall
be elected from among the members of the national liga and shall be
charged
with the overall operation of the liga on the national level. The board
shall coordinate the activi ties of the chapters of the liga.cralaw

SEC. 494. Ex-Officio Membership
in Sanggunians. - The duly elected presidents of the liga at the
municipal,
city and provincial levels, including the component cities and
municipalities
of Metropolitan Manila, shall serve as ex-officio members of the
sangguniang
bayan, sangguniang panlungsod, sangguniang panlalawigan, respectively.
They shall serve as such only during their term of office as presidents
of the liga chapters, which in no case shall be beyond the term of
office
of the sanggunian concerned.cralaw

SEC. 495. Powers, Functions
and Duties of the Liga. - The Liga shall:chanrobles virtual law library

(a) Give priority to
programs designed for the total development of the barangays and in
consonance
with the policies, programs and projects of the national government ;

(b) Assist in the education
of barangay residents for people's participation in local government
administration
in order to promote united and concerted action to achieve country-wide
development goals;

(c) Supplement the
efforts of government in creating gainful employment within the
barangay;

(d) Adopt measures
to promote the welfare of barangay officials;

(e) Serve as a forum
of the barangays in order to forge linkages with government and
non-governmental
organizations and thereby promote the social, economic and political
well-being
of the barangays; and cralaw

(f) Exercise such other
powers and perform such other duties and functions which will bring
about
stronger ties between barangays and promote the welfare of the barangay
inhabitants.

Article Two. - League
of Municipalities

SEC. 496. Purpose of
Organization.
- There shall be an organization of all municipalities to be known as
league
of municipalities for the primary purpose of ventilating, articulating
and crystallizing issues affecting municipal government administration,
and securing, through proper and legal means, solutions thereto. The
league
shall form provincial chapters composed of the league presidents for
all
component municipalities of the province.

SEC. 497. Representation.
- Every municipality shall be represented in the league by the
municipal
mayor or in his absence, by the vice-mayor or a sanggunian member duly
elected for the purpose by the members, who shall attend all meetings
and
participate in the deliberations of the league.cralaw

SEC. 498. Powers, Functions
and Duties of the League of Municipalities. - Theleague of
municipalities
shall:chanrobles virtual law library

(a) Assist the national government
in the formulation and implementation of the policies, programs and
projects
affecting municipalities as a whole;

(b) Promote local autonomy
at the municipal level;

(c) Adopt measures
for the promotion of the welfare of all municipalities and its
officials
and employees;

(d) Encourage people's
participation in local government administration in order to promote
united
and concerted action for the attainment of country-wide development
goals;

(e) Supplement the
efforts of the national government in creating opportunities for
gainful
employment within the municipalities;

(f) Give priority to
programs designed for the total development of the municipalities in
consonance
with the policies, programs and projects of the national government;

(g) Serve as a forum
for crystallizing and expressing ideas, seeking the necessary
assistance
of the national government, and providing the private sector avenues
for
cooperation in the promotion of the welfare of the municipalities; and cralaw

(h) Exercise such other
powers and perform such other duties and functions as the league may
prescribe
for the welfare of the municipalities.

Article Three. -
League of Cities

SEC. 499. Purpose of
Organization.
- There shall be an organization of all cities to be known as the
League
of Cities for the primary purpose of ventilating, articulating and
crystallizing
issues affecting city government administration, and securing, through
proper and legal means, solutions thereto. The League may form chapters
at the provincial level for the component cities of a province.
Highly-urbanized
cities may also form a chapter of the League. The National League shall
be composed of the presidents of the league of highly-urbanized cities
and the presidents of the provincial chapters of the league of
component
cities.

SEC. 500. Representation.
- Every city shall be represented in the league by the city mayor or in
his absence, by the city vice-mayor or a sanggunian member duly elected
for the purpose by the members, who shall attend all meetings and
participate
in the deliberations of the league.cralaw

SEC. 501. Powers, Functions
and Duties of the League of City. - The league of cities shall:chanrobles virtual law library

(a) Assist the national
government in the formulation and implementation of the policies,
programs
and projects affecting cities as a whole;

(b) Promote local autonomy
at the city level;

(c) Adopt measures
for the promotion of the welfare of all cities and its officials and
employees;

(d) Encourage people's
participation in local government administration in order to promote
united
and concerted action for the attainment of country-wide development
goals;

(e) Supplement the
efforts of the national government in creating opportunities for
gainful
employment the cities;

(f) Give priority to
programs designed for the total development of cities in consonance
with
the policies, programs and projects of the national government;

(g) Serve as a forum
for crystallizing and expressing ideas, seeking the necessary
assistance
of the national government and providing the private sector avenues for
cooperation in the promotion of the welfare of the cities; and cralaw

(h) Exercise such other
powers and perform such other duties and functions as the league may
prescribe
for the welfare of the cities.

Article Four-
League of Provinces

SEC. 502. Purpose of
Organization.
- There shall be an organization of all provinces to be known as the
League
of Provinces for the primary purpose of ventilating, articulating and
crystallizing
issues affecting provincial and metropolitan political subdivision
government
administration, and securing, through proper and legal means, solutions
thereto. For this purpose, the Metropolitan Manila Area and any
metropolitan
political subdivision shall be considered as separate provincial units
of the league.

SEC. 503. Representation.
- Every province shall be represented in the league by the provincial
governor
or in his absence, by the provincial vice-governor or a sanggunian
member
duly elected for the purpose by the members, who shall attend all
meetings
and participate in the deliberations of the league.cralaw

SEC. 504. Powers, Functions
and Duties of the League of Provinces. - The league of provinces
shall:chanrobles virtual law library

(a) Assist the national
government in the formulation and implementation of the policies,
programs
and projects affecting provinces as a whole;

(b) Promote local autonomy
at the provincial level;

(c) Adopt measures
for the promotion of the welfare of all provinces and its officials and
employees;

(d) Encourage peoples
participation in local government administration in order to promote
united
and concerted action for the attainment of countrywide development
goals;

(e) Supplement the
efforts of the national government in creating opportunities for
gainful
employment within the province;

(f) Give priority to
programs designed for the total development of the provinces in
consonance
with the policies, programs and projects of thenational government;

(g) Serve as a forum
for crystallizing and expressing ideas, seeking the necessary
assistance
of the national government and providing the private sector avenues for
cooperation in the promotion of the welfare of the provinces; and cralaw

(h) Exercise such other
powers and perform such other duties and functions as the league may
prescribe
for the welfare of the provinces and metropolitan political
subdivisions.

Article Five. - Provisions Common
to all Leagues

SEC. 505. Funding. (a)
All leagues shall derive its funds from contributions of member local
government
units and from fund-raising projects and activities without the
necessity
of securing permits therefor: Provided, That the proceeds from said
fund-raising
projects and activities shall be used primarily to fund the projects
for
which the said proceeds have been raised, subject to the pertinent
provision
of this Code and the pertinent provisions of the Omnibus Election Code.

(b) All funds of leagues
shall be deposited as trust funds with its treasurer and shall be
disbursed
in accordance with the board of director's resolutions, subject to
pertinent
accounting and auditing rules and regulations: Provided, That the
treasurer
shall be bonded in an amount to be determined by the board of
directors.
The funds of a chapter shall be deposited as chapter funds and funds of
the national league shall be deposited as national funds.cralaw

SEC. 506. Organizational
Structure. - To ensure the effective and efficient administration,
the leagues for municipalities, cities and provinces shall elect
chapter-
level and national-level boards of directors and a set of officers
headed
by the president. A secretary-general shall be chosen from among the
national
league members to manage the day to day operation and activities of the
national league. The board of directors on the chapter or national
level
may create such other positions as may be deemed necessary for the
management
of the chapters and of the national league. The national board of
directors
of the leagues for municipalities, cities or provinces shall coordinate
programs, projects and activities of chapter and the national-level
league.cralaw

SEC. 507.- Constitution
and By-laws of the Liga and the Leagues. - All other matters not
herein
otherwise provided for affecting the internal organization of the
leagues
of local government units shall be governed by their respective
constitution
and by-laws which are hereby made suppletory to the provision of this
Chapter:
Provided, That said Constitution and By-laws shall always conform to
the
provisions of the Constitution and existing laws.

CHAPTER 2 - LEAGUES
AND FEDERATIONS
OF LOCAL ELECTIVE OFFICIALS

SEC. 508. - Organization
- (a) Vice-governor, vice-mayors, sanggunian members of barangays,
municipalities,
component cities, highly-urbanized cities and provinces, and other
elective
local officials of local government units, including those of the
Metropolitan
Manila area and any metropolitan political subdivisions, may form their
respective leagues or federation, subject to applicable provisions of
this
Title and pertinent provisions of this Code;

(b) Sanggunian members
of component cities and municipalities shall form a provincial
federation
and elect a board of directors and a set of officers headed by the
president.
The duly elected president of the provincial federation of sanggunian
members
of component cities and municipalities shall be an ex-officio member of
the sangguniang panlalawigan concerned and shall serve as such only
during
his term of office as president of the provincial federation of
sanggunian
members of component cities and municipalities, which in no case shall
be beyond the term of office of the sanggunian panlalawigan concerned.cralaw

SEC. 509. Constitution
and By-laws. - The leagues or federations shall adopt a
Constitution
and by-laws which shall govern their internal organization and
operation:
Provided, That said Constitution and by-laws shall always conform to
the
provision of the Constitution and existing laws.cralaw

SEC. 510. Funding.
- The leagues and federations may derive their funds from contributions
of individual league or federation members or from fund-raising
projects
or activities. The local government unit concerned may appropriate
funds
to support the leagues or federation organized pursuant to this
Section,
subject to the availability of funds.